Terms of Use
Updated on: July 13, 2023These Terms of Use (the “Terms”) form a legal agreement between you (including, if applicable, any legal entity which you represent or act for) (“you”), and the following entities: (1) Reflect US Inc.; or (2) Reflect Innovation Ltd. (“Reflect Israel”) (the applicable Reflect entity shall be referred to hereinafter as “us”, “we”, “our”, “Reflect”, “Company”) and sets forth the terms and conditions governing your access to, and use of the website located at meetreflect.com (“Website”), our Device (as defined below), mobile application (the “App”) and any services, applications, software, features, content and/or linked pages, offered from time to time by Company in connection therewith to any User who pays subscription fee as set forth below (collectively, the “Service(s)”), as shall be further detailed below. Please read these Terms carefully before using the Website, Device, App or the Services. By accessing, subscribing to or using the Website, Device, App and Services, and clicking “I accept” or by installing or downloading the App on your mobile device, you agree to be bound by these Terms, as may be amended by us from time to time. If you do not agree to these Terms, please refrain from using the Website, Device, App or the Services.
Please make sure you read these Terms along with our Privacy Policy (the “Privacy Policy”). Your use of the Website, Device, App or Services shall be deemed to constitute your consent to be legally bound by these Terms and the Privacy Policy, incorporated by reference herein. We may revise these Terms at any time. All such revisions shall take effect immediately upon posting of the updated Terms on the Website, unless otherwise stated. You should periodically check these Terms for updates. Any use of the Website, Device, App and/or Services by you after the effective date of any changes will constitute your acceptance of such changes.
What We Do
Reflect has developed and offers the Reflect Orb, a proprietary product that uses biofeedback to help you self-regulate your stress response. Reflect measures your physiological signals and displays your mental state back to you, allowing you to gain awareness and control over your mental state (“Device”).
As part of the Services, you acknowledge and agree that you will be required to provide us with certain information, including personally identifiable information and behavior information, and that Company may apply certain proprietary methodologies for analysis, processing and transmission of such information. The collection, aggregation and analysis of such information will enable Company to offer users who purchased Subscription to our App and Services (“Users”) further services with respect to such information. An explanation regarding the information that we collect from you appears in our Privacy Policy.
The App also includes information regarding Company as well as content such as contact information, videos, text, logos, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the App, algorithms, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the App (collectively, “Our Content”). All rights in and to Our Content are reserved to Company.
The Services are not intended for persons under the age of 18 years. If you are under 18 years of age, please do not visit or use the Website or App or the Device without the supervision of your parent or legal guardian.
In addition, the Services were designed to be used only by healthy individuals who are over the age of 18. Use of the Device by persons below the age of 18 may result in inaccurate output and readings of the Services or otherwise.
Reflect’s Device currently only works with the following operating systems: (1) iOS 9.0 or higher, (2) Android 5.1 )API level 22) OS or later. Reflect is and shall not be responsible for the Services being compatible with the mobile device at your possession.
User Content
When uploading any content, text, sounds, videos, images or any other content to the Website or App (“User Content”), you hereby grant Reflect a royalty free, fully paid and non-exclusive right and license to transmit, display, distribute, create derivative work of and otherwise use the User Content for statistical analysis, advertisements and marketing campaigns, and the provision and improvement of the Services. You represent and warrant that you have the adequate rights for (a) the submission of the User Content, including without limitation any identifying or non-identifying information related to you or third parties and for (b) any use or transfer permitted hereunder to be made with respect to such User Content. You shall have the exclusive responsibility and liability for the User Content and any of its own acts or omissions in respect thereof through the Website, including without limitation, for the legality, reliability, authenticity, integrity, accuracy, and completeness of the User Content it has submitted. Reflect is not responsible to verify the accuracy or legitimacy of any User Content submitted or posted through the Website.
Registration and User Account
You are required to create an account in order to use the Services (the “Account”). Registration can be done by completing the registration process in the App.
Your Account is personal and may be used only by you. Any registration is solely for you and you may only use one single Account. You may not use the accounts of others, or allow others to use your Account, and you are solely responsible for preventing such unauthorized use of your Account.
By creating an Account you hereby agree: (i) that the information you provided to create your Account is accurate and complete, (ii) to always provide current, accurate and complete information about yourself, (iii) to promptly update and maintain your information with us, and (iv) that the information you are providing is your own or you are providing it on behalf of someone who authorized you to provide their personal information to us for the purposes of communication related to our Services.
You hereby acknowledge and agree that we rely on your e-mail address and/or your third-party account details (the “Account Credentials”) to confirm whether Users accessing and using our App or Services are authorized to do so.
Maintaining the confidentiality of your Account Credentials is solely your responsibility, and you are solely responsible for any activity performed by any use of your Account Credentials. In order to protect the security of your information available on your Account to the greatest extent possible, you must safeguard, and not disclose, your Account Credentials to anyone, and you must supervise the use of your Account. Please notify us immediately at hello@meetreflect.com if you become aware that your Account is being used without authorization or of any other breach of security.
You acknowledge that you shall be held solely responsible and solely liable for anything that occurs in your Account and any activity in your Account, including without limitation, for any User Content (as defined below) uploaded to your Account.
If you wish to either change your Account Credentials, or cancel and remove your Account, please send us an e-mail with your request to hello@meetreflect.com. Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account (see further details with respect thereto in the Privacy Policy). If you wish to maintain your Account but to unsubscribe for text message communications, you may text STOP or a similar command in response to an informational or marketing text message from us. We may, however, continue to send you transactional messages such as tracking information or verification codes if you subscribe to additional products and provide your phone number related to those later transactions.
Subscription to the Services
Subscription Fee. In order to access and use the Services you must hold an active subscription (“Subscription”). The terms of your Subscription will depend on the particular subscription track you choose to purchase, which determines the fees payable by you in consideration of your Subscription and access to the Services (“Subscription Fees”), as well as the initial term of your Subscription (“Initial Subscription Term”) and the term of any automatic renewals (“Renewal Term(s)”).
Payments of the Subscription Fees on the Website and the App may be executed via various credit card and other third-party payment service providers that we make available through our Services. By choosing to proceed with a payment via a third-party payment service provider, you thereby: (1) agree to review and be bound by such third-party payment service provider’s terms of use and privacy policy; and (2) acknowledge that you may need to hold or register an active account with that third party in order to complete a payment. Reflect is and will not be responsible or liable for any activities or conduct of a third-party payment service provider.
Renewal and Cancellation. Your Subscription is effective for the entire duration of the Initial Subscription Term and shall thereafter automatically renew for additional, successive Renewal Terms depending on the applicable subscription track you have chosen. Except as set forth under Section 10, Subscriptions are non-refundable. You may cancel your Subscription at any time during the Initial Subscription Term or the then-current Renewal Term, as applicable. To cancel your Subscription, please follow the instructions in your Account or contact us at hello@meetreflect.com. The cancellation will take effect the day after the last day of the Initial Subscription Term or then-current Renewal Term (if any). At the end of your Subscription you will no longer be able to use Reflect.
Support & Maintenance
Technical support for the Device and/or the App will be free during Your use of same, and if You need assistance with either the Device or the App, please contact hello@meetreflect.com. We reserve the right at any time to discontinue, cancel, or modify the technical support provided.
Use Restrictions
You acknowledge and agree that you may not (a) make available or use the Website, Device, App or Services for the benefit of any third party; (b) sell, resell, license, sublicense, distribute, make available, rent or lease the Website, Device, App or Services, or exploit the Website, Device, App or Services for any commercial purposes; (c) use any Services, or any Third Party Services (as defined below), to store or transmit any illegal, immoral, unlawful and/or unauthorized materials or interfere with or violate a third party’s rights to privacy and other rights, or harvest or collect personally identifiable information about third parties without their express consent; (d) use the Website, Device, App or Services, or any Third Party Services (as defined below), to transmit or otherwise make available any malicious code, including any virus, worm, trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program; (e) interfere with or disrupt the integrity, performance or operation of the Website, Device, App or Services, or any part thereof; (f) attempt to gain unauthorized access or bypass any measures imposed to prevent or restrict access to the Website, Device, App or any Services; (g) use or take any direct or indirect action that imposes or circumvents any usage limits; or (h) copy, modify, distribute, create derivative works, translate, port, reverse engineer, decompile, or disassemble any portion of the Device, the App or Services, or any material that is subject to our proprietary rights or use any of the foregoing to create any software or service similar to the Device, the App or Services. Any breach of the Terms by you, as shall be determined in our sole discretion, may result in the immediate suspension or termination of your Account, with full reservation of all rights and remedies.
Third Party Services
We or third parties may offer you third party services as part of the Services (the “Third Party Services”).
Your use of the Third-Party Services is subject to such terms and conditions offered by each provider of Third-Party Services. You acknowledge that we are not the author, owner or licensor of any Third-Party Services, nor are we responsible for or endorse any Third-Party Services. We shall provide the Third-Party Services “as is” and make no representation or warranty with respect to them. Implied warranties of fitness for a particular purpose, satisfaction and merchantability are hereby disclaimed and shall not apply. The entire risk as to the quality and performance of the Third-Party Services is borne solely by you. Your sole recourse in the event of any dissatisfaction with any Third-Party Services is to stop using such Third-Party Services.
When you provide your email and phone number to us through your Account or through other means to subscribe to our Services, you also provide consent to be contacted with informational or transactional automated messages related to those services from us or from such Third Parties with which we partner to provide those Services. Your consent to be contacted accordingly extends to such Third Parties to the same extent it does to us.
WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICES OR CONDUCT OF PROVIDERS OF THIRD-PARTY SERVICES. BY USING THIRD PARTY SERVICES YOU HEREBY WAIVE AND RELEASE ANY CLAIMS AGAINST US FOR ANY AND ALL RESPONSIBILITY OR LIABILITY TO ANY DAMAGE, OR ANY OTHER CLAIM, THAT MAY ARISE IN CONNECTION WITH USAGE OF THIRD-PARTY SERVICES.
Termination or Suspension of the Services
Your access rights to the Services shall expire upon expiration or termination of your Subscription, unless your Subscription has renewed for a Renewal Term in accordance with Section 5 above (Subscription to the Services). Unless you notify us of your request to delete your Account information as specified in the Privacy Policy, we may maintain your inactive Account, including all data and reports therein, in order to allow you to easily reactivate your Account at a later date.
Deleting your Account can be done by sending an email directly to hello@meetreflect.com. with a specific request which will require us to authenticate the request, or through the App. Thereafter you shall not be able to use your Account and any of the Services until you renew your registration to the App.
Deleting your Account may cause the loss of certain information and data, including User Content, and/or the capacity of your Account. We do not accept any liability for such loss.
Termination of your Account shall not relieve you of your obligations to pay any Subscription Fees accrued or owing, nor affect any legal rights or obligations which may have arisen under these Terms prior to, or at, the date of termination. We may terminate, limit or suspend your access to all or any part of your Account, or our Services under these Terms at any time, if we reasonably believe that you have breached any of these terms or the applicable law, with or without prior notice, effective immediately, and such termination may result in the destruction of all information and data associated with your use of your Account and Services under these Terms.
Upon termination of your Account: (i) all rights granted to you hereunder will automatically terminate, and (ii) you must immediately cease all use of the App and Services under these Terms. All Sections of these Terms which by their nature are meant to survive, shall survive termination of these Terms.
If you wish to maintain your Account but to unsubscribe for text message communications, you may text STOP or a similar command in response to an informational or marketing text message from us. You will be automatically unsubscribed.
Return and Refund
You may cancel, return and receive a refund for your Subscription Fees if you notify us of such cancellation by e-mail to hello@meetreflect.com within 30 days of date the Device was delivered to you or to your address, as documented by the applicable shipping and delivery agent, together with a receipt or other proof of purchase within the first 30 days after your Subscription purchase (the “Cancellation Period”). In order to exercise such right of cancellation, you must (i) notify us of cancellation within the Cancellation Period;(ii) return the Device to our address (or as otherwise directed by us) within 30 days of your written notice of return, and (iii) the Device must be returned to us in the same condition that you received it.
It must also be in the original packaging, including all materials that came in the packaging (i.e., the Device, charging cable, fabric bag and documents). Once the above has been completed, we will provide a refund of the Fees you have paid. In any event shipping costs borne by User for a Device which has already been shipped to User, will not be reimbursed or refunded. If you are entitled to a refund in accordance with the above, your refund will be processed, subject to your notification of said return to hello@meetreflect.com and a credit will be applied to your credit for your original payment method by a support representative.
Intellectual Property
Subject to the limited rights expressly granted hereunder, Reflect Israel, and its licensors and third-party providers, as may be applicable, reserve all rights, title and interest in and to the Website, Device, App and/or Services and Our Content, including all related intellectual property rights therein. No rights are granted to you hereunder other than as expressly set forth herein. Nothing in the Terms constitutes a waiver of Reflect Israel’s intellectual property rights under any law.
Any good will derived through the use of the Company’s intellectual property rights pursuant to the terms herein shall inure solely to the benefit of Reflect Israel, and its licensors. The structure, organization and code of the Device and/or the App are the valuable trade secrets and confidential information of Reflect Israel. You shall not remove any product identification, copyright notices or proprietary restrictions from the Device and/or the App.
If you contact us with feedback data, including through the Social Groups (e.g., questions, comments, suggestions, improvement or the like) regarding the Services (collectively, “Information”), then you shall be deemed to irrevocably assign to Reflect any rights that you may have or acquire in such Information, and Reflect shall be the sole and exclusive owner of all rights in connection with any and all such Information.
Limited Warranty
REFLECT HEREBY REPRESENTS AND WARRANTS THAT FOR A PERIOD OF TWELVE (12) MONTHS FROM THE DATE OF DELIVERY OF THE DEVICE (THE “WARRANTY PERIOD”), THE DEVICE SHALL BE FREE FROM MATERIAL DEFECTS IN MATERIAL AND WORKMANSHIP AND SHALL SUBSTANTIALLY PERFORM IN ACCORDANCE WITH REFLECT’S DOCUMENTATION AND THE TUTORIALS (IF ANY), DESCRIBING THE USE, FEATURES AND OPERATION OF THE SERVICE, IN ALL MATERIAL RESPECTS, ALL IN ACCORDANCE WITH THE TERMS OF THE LIMITED PRODUCT WARRANTY, PROVIDED WITH THE DEVICE.
The warranty granted herein with respect to the Device does not apply to: (i) use of any Device acquired from any source other than Reflect; (ii) Use or operating the Device in a way other than in accordance with Reflct’s documentation and Tutorials; (iii) the Device was modified, changed, adjusted or altered in any way, without its manufacturer’s and/or Reflect’s prior written approval; (iv) any breakage or failure resulting from user tampering, misuse, neglect, abuse, accidents, failure to continually provide a suitable operating environment (including necessary ventilation, electricity, protection from power surges, cooling and/or humidity) or from any other cause beyond Reflect’s reasonable control; (v) Device that was repaired by anyone other than its manufacturer and/or Reflect; (vi) the combination of the Device with equipment or software not authorized or provided by Reflect, or otherwise approved it in Reflect’s documentation and tutorials (if any).
We want you to be satisfied with the Device that you purchase directly from Reflect. If an item you’ve purchased directly from Reflect arrives broken or fails to operate in conformance with the documentation that accompanies it, the following terms will apply:
We will refund or exchange any Device purchased by you within 30 days of purchase with or without a defect, provided: (i) the Device is in its original packaging and condition, including all attachments, accessories and documentation; and (ii) it is unused. In order for such a refund or exchange under these Terms to be processed, you must request a Return Merchandise Authorization (RMA) number from Reflect during the 30-day period following the date of your purchase. You may request an RMA number by submitting a request to hello@meetreflect.com. The Device must be received by Reflect within 3 weeks from the date on which the RMA was issued in order for you to receive a refund or exchange.
Devices with a manufacturing defect discovered after the expiration of the 30-day period referenced above but within the Warranty Period will be repaired, replaced or refunded subject to the terms below.
If you have purchased a Device which is defective within the Warranty Period, please notify us as soon as reasonably possible after you become aware of the defect. Please take proper note of any terms or instructions that accompany the Device.
Once we have assessed a returned item and approved a refund (i.e., as opposed to repairing your device or sending you a replacement), you will receive your money back in the same manner in which you purchased the Device from us.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, WHETHER DIRECT, INDIRECT OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND INCLUDING FURTHER, DAMAGES WHICH MAY ARISE IN CONNECTION WITH THE DEVICE, APP, SERVICES, OUR CONTENT AND/OR THESE TERMS, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA, USE OR ACCESS TO (AND LACK THEREOF) THE WEBSITE, DEVICE, APP, SERVICES AND/OR USER CONTENT. WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY TRANSACTION OR ENGAGEMENT BETWEEN YOU AND ANY THIRD PARTY OR FOR ANY INFORMATION PROVIDED BY YOU AND/OR ANY THIRD PARTY.
YOU HEREBY EXPRESSLY AGREE THAT WE SHALL HAVE THE RIGHT, AT ANY TIME AND AT OUR SOLE DISCRETION, TO TAKE ANY ACTION TO MONITOR ANY INTERACTION OR ENGAGEMENT RESULTING FROM THE USE OF THE WEBSITE, DEVICE, APP AND/OR SERVICES BY YOU AND ANY THIRD PARTY. TO THE FULL EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US FROM ANY CLAIMS AND/OR LIABILITY RELATING IN ANY WAY THERETO.
Disclaimer
THE WEBSITE, DEVICE, APP, SERVICES AND OUR CONTENT ARE PROVIDED ON AN “AS IS” BASIS. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE DEVICE APP, SERVICES AND OUR CONTENT, INCLUDING ANY WARRANTIES OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO, AND DISCLAIM ANY, WARRANTY THAT THE WEBSITE, DEVICE, APP, SERVICES OR OUR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO, AND DISCLAIM ANY, WARRANTY REGARDING THE QUALITY OF THE WEBSITE, DEVICE, APP, SERVICES OR OUR CONTENT, OR TO THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY THEREOF. THE ABOVE SHALL ALSO APPLY TO ANY INFORMATION YOU MAY RECEIVE FROM US OR THROUGH US AT ANY TIME. YOU HEREBY RELEASE US FROM ANY DAMAGES, CLAIMS OR OTHER CAUSES OF ACTION RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE WEBSITE, DEVICE, APP, SERVICES OR OUR CONTENT.
WITHOUT LIMITING THE FOREGOING, WE FURTHER DISCLAIM ANY WARRANTIES THAT THE WEBSITE, DEVICE, APP AND/OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE, DEVICE, APP AND SERVICES IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE AND/OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE WEBSITE, DEVICE, APP OR SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS SHALL CREATE ANY WARRANTY. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
NO CONTENT PUBLISHED ON THE DEVICE OR APP, OR THROUGH THE SERVICES, CONSTITUTES A RECOMMENDATION, ENDORSEMENT OR OPINION OF COMPANY. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL YOUR COMMUNICATIONS AND INTERACTIONS WITH US OR WITH ANY PERSON OR ENTITY WITH WHOM YOU MAY COMMUNICATE, INTERACT OR ENGAGE AS A RESULT OF YOUR USE OF THE DEVICE APP AND/OR SERVICES. YOU AGREE AND CONFIRM THAT WE DO NOT, AND DO NOT INTEND TO, MAKE ANY INQUIRIES OF ANY USER, PERSON OR ENTITY OR VERIFY THE INFORMATION ANY USER, PERSON AND/OR ENTITY SUBMITS OR PROVIDES WHILE USING THE DEVICE APP AND/OR SERVICES. YOU AGREE TO TAKE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSON OR ENTITY WHETHER MADE ON-LINE OR OFF-LINE.
Health Declaration and No Medical Advice
BEFORE ANY USE OF OR ACCESS TO THE DEVICE AND THE SERVICES, YOU HEREBY DECLARE THAT YOU ARE NOT AWARE OF, HAVE NOT BEEN DIAGNOSED WITH, AND DO NOT SUFFER FROM ANY KNOWN HEART CONDITION(S), SUCH AS CARDIAC ARRHYTHMIAS, CONGESTIVE HEART FAILURE DISEASE, MYOCARDIAL INFARCTION, CORONARY ARTERY DISEASE, CURRENTLY USING A PACEMAKER, PRIOR CARDIAC SURGERIES SUCH AS CARDIAC BYPASS, HEART TRANSPLANT SURGERY, SEIZURE DISORDER OR FAMILY HISTORY OF SEIZURE DISORDER OR ANY OTHER HEALTH IMPAIRMENT, NOR ARE YOU BEING TREATED FOR ANY DEFICIT, DISEASE, ILLNESS, CONDITION, OR DISORDER THAT MAY CAUSE YOU HARM IF YOU USE THE DEVICE OR SERVICES. THE SERVICES, INCLUDING ANY DATA, ANALYSIS OR INFORMATION GENERATED, PROVIDED OR CONCLUDED FROM THE USE OF THE SERVICES, ARE NOT INTENDED AND SHOULD NOT BE DEEMED MEDICAL OR OTHER HEALTH-RELATED PROFESSIONAL ADVICE, TREATMENT OR DIAGNOSIS, NOR ARE THE SERVICES INTENDED AS A SUBSTITUTE FOR MEDICAL OR PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT BUT A WELLNESS PRODUCT TO BE USED FOR GENERAL WELLNESS ACTIVITY AND INFORMATIONAL PURPOSES ONLY. DO NOT USE THE SERVICES AS A SUBSTITUTE FOR MEDICAL OR OTHER HEALTH-RELATED PROFESSIONAL ATTENTION. RELIANCE ON ANY INFORMATION AND/OR RECOMMENDATIONS PROVIDED THROUGH THE DEVICE AND THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED ON SUCH INFORMATION AND/OR RECOMMENDATIONS.
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 TREATMEMT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ OR LEARNED FROM THE WEBSITE, DEVICE, APP AND/OR SERVICES.
Release
You hereby release Reflect and its successors from claims, demands, any and all losses, damages, rights, and actions of personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Device and the Services, including but not limited to, your use of the Website and App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Reflect or for Reflect’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, App, Device or any Services provided hereunder.
Indemnity
You shall defend, indemnify, and hold harmless Company, its affiliates and each of its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including, without limitation, reasonable attorney’s fees, that arise from or relate to (i) your access, use or misuse of the Website, Device, App and/or the Services, including, without limitation, with respect to your User Content and any other information you submit, post or transmit through the App and/or the Services, (ii) your violation of these Terms or any applicable law, contract, policy, regulation or other obligation, or (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party with respect to your use of the Website, Device, App, Service and/or Our Content. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and fully cooperate with Company in connection therewith (iv) you shall indemnify and hold Reflect harmless for any failure to comply with your obligations or any breach of your warranties hereunder.
Changes to the App and Services
We reserve the right to update, modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Website, Device, App, Our Content and/or any of the Services, without notice, at any time. You agree that your continued use of the Website, Device, App and/or Services following such modifications constitutes your acceptance of such modifications. After upgrading, you may no longer use the original Device/App that formed the basis for your upgrade eligibility and the upgraded software shall be deemed the Device/App licensed hereunder. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website, Device, App, Services and/or Our Content included therein. If Company supplies to you any updates, upgrades and any new versions of the App according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and these Terms will govern any such updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such updates. For clarity, Company has no obligation to provide updates.
App Usage Rules
If you are downloading the App from a third-party platform, service provider or distributor (“Provider”), your use of the App may also be governed by usage rules which the Provider may have established, and which relate to your use of the App (“Usage Rules”). It is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all Usage Rules applicable to your use of the App and these are incorporated herein by reference.
Within the process of registration to the Services as aforesaid, you shall be required to opt-in the option to sign up for Reflect mailing list for receiving updates, newsletters or news and notices regarding the Services. You may easily remove yourself from our mailing list by following the instructions provided under the email you will receive from Reflect.
General Terms
These Terms do not create any partnership, employment, agency or other relationship not herein specifically and explicitly agreed. These Terms are not intended to, and shall not, be construed to give any third party any interest or rights (including, without limitation, any third-party beneficiary rights) with respect to, or in connection with, any agreement or provision contained herein or contemplated hereby. We may assign this Agreement in whole or in part at any time without notice. You may not assign your rights under these Terms, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so shall be null and void. Should any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Failure by us to enforce any provision of these Terms will not be considered a waiver of the right to enforce such provision. Our rights hereunder will survive any termination or expiration of these Terms. If you are located in the Americas, these Terms shall be governed by the laws of the State of Delaware, without regard to its conflict or choice of laws principles. The parties agree that any and all disputes concerning these Terms shall be brought in the federal and state courts of the State of Delaware having jurisdiction thereof and irrevocably waive any and all claims and defenses either might otherwise have in any such action or proceeding in any of such courts based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens or any similar claim or defense. If you are located in the rest of the world (excluding the Americas), these Terms shall be construed and enforced in all respects in accordance with the laws of Israel, without reference to principles of conflict or choice of law. The courts located in the Tel-Aviv District of the State of Israel shall have exclusive jurisdiction over any dispute or matter in connection with these terms. Unless a specific agreement is signed by and between you and us, these Terms constitute the entire and only agreement between you and us, and supersede all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter hereof. In any case that a specific agreement is signed by you and us, its provisions shall supersede the provisions of these Terms. If you have questions regarding our Terms, please contact us at: hello@meetreflect.com.