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© 20?? PelviCare LLC
PELVICARE TERMS OF SERVICE
1. Acceptance of Terms
By accessing or using the PelviCare website, mobile application, or subscription services (collectively, the “Platform”), you agree to be bound by these Terms of Service (the “Terms”). If you do not agree, you may not access or use the Platform.
You agree that your use of the Platform constitutes your electronic signature and acceptance of these Terms. You consent to the use of electronic communications and records in connection with these Terms and acknowledge that electronic agreements are legally binding to the same extent as handwritten signatures.
2. Eligibility
The Platform is intended for individuals eighteen (18) years of age or older.
PelviCare provides educational and fitness programming relating to pelvic health, pregnancy, postpartum recovery, menopause, bone health, and women’s musculoskeletal wellness. While the Platform is designed primarily around biological female pelvic health conditions, it is available to any individual who chooses to access and use it.
By using the Platform, you represent that you are at least 18 years of age.
3. Description of Services
PelviCare provides membership-based access to educational and fitness content, including:
All services are provided for educational and fitness purposes only.
Individual results will vary. PelviCare does not guarantee specific outcomes, symptom improvement, or fitness results.
PelviCare does not guarantee the continued availability of any specific program, instructor, course, feature, or content offering, and reserves the right to modify or discontinue content at any time.
4. Educational and Fitness Purpose Only
The Platform provides general educational information and guided fitness programming relating to pelvic wellness and women’s health. All content is provided for general educational and fitness purposes only.
The Platform does not provide medical services, physical therapy services, healthcare services, or telehealth services. Nothing on the Platform constitutes the practice of physical therapy, medicine, or any other licensed profession.
Users are solely responsible for consulting their own licensed healthcare provider prior to beginning any exercise program or if experiencing pain, injury, pregnancy-related complications, pelvic symptoms, or any medical condition.
5. No Medical Advice; No Individualized Guidance
All information provided on the Platform, including during livestream sessions hosted by licensed professionals, is provided in a general educational format.
PelviCare does not provide individualized diagnosis, treatment recommendations, medical opinions, therapeutic interventions, or patient-specific advice.
Users agree that:
If you believe you are experiencing a medical emergency, you must immediately contact emergency services. PelviCare does not provide emergency services.
You acknowledge that any decision to participate in exercise programming is made at your own discretion and risk.
6. No Provider–Patient Relationship
Use of the Platform does not establish a physical therapist–patient relationship, physician–patient relationship, or any other healthcare provider–patient relationship between you and PelviCare or any of its team members.
Participation in livestream sessions does not create a therapeutic relationship.
7. Interstate Practice Disclaimer
PelviCare provides digital educational content accessible nationwide and internationally. Licensed professionals participating in livestream sessions do not provide services specific to any individual user and do not engage in the practice of physical therapy across state lines.
Users acknowledge that no clinical evaluation is performed and no state-specific licensure protections apply to Platform content.
8. Livestream Participation
Livestream sessions are intended for general educational discussion. Users agree:
PelviCare reserves the right to moderate, remove, or decline questions.
9. Health Quiz; Algorithmic Use; No Clinical Determination
PelviCare may provide optional quizzes designed to direct users toward general educational programming categories.
Quiz responses:
PelviCare does not guarantee the accuracy, appropriateness, or suitability of programming recommendations generated from quiz responses.
Users remain solely responsible for determining whether participation in any exercise program is appropriate for their individual condition.
10. Assumption of Risk
Participation in exercise, physical activity, and wellness programming involves inherent risks, including but not limited to muscle strain, joint injury, aggravation of pre-existing conditions, pelvic pain exacerbation, incontinence worsening, dizziness, falls, or other bodily injury.
You acknowledge that participation in digital exercise programming without in-person supervision carries additional risks, including improper form, misuse of equipment, or exercising in an unsafe environment.
By using the Platform, you represent that you are physically able to participate in exercise activities and voluntarily assume all risks associated with participation, whether known or unknown, foreseeable or unforeseeable.
You acknowledge that pregnancy, postpartum recovery, pelvic floor dysfunction, menopausal changes, prior surgical history, and other health conditions may increase the risk of injury during physical activity. You agree that you are solely responsible for obtaining medical clearance where appropriate and for determining whether participation is suitable for your individual condition.
11. Waiver and Release of Liability
In consideration of being permitted to access and use the Platform, and consistent with the assumption of risk set forth in Section 10, you voluntarily waive, release, and discharge PelviCare and its owners, officers, employees, contractors, instructors, and affiliates from any and all claims, demands, liabilities, damages, costs, or causes of action arising out of or relating to:
This waiver and release applies whether the alleged injury arises from negligence, omission, instructional content, livestream commentary, programming design, or any other aspect of Platform use.
This waiver and release includes, without limitation, claims arising from the use of equipment (whether owned by you or third parties), reliance on general exercise demonstrations, user-provided information, or the failure to seek individualized medical evaluation prior to participation.
Nothing in these Terms waives liability for gross negligence, willful misconduct, or any liability that cannot be waived under applicable law.
12. Membership and Billing
PelviCare offers a free downloadable version of the Platform with limited functionality and a paid monthly membership that provides access to premium content, programs, courses, livestreams, and other paid features.
Only users with an active paid membership may access premium content and services.
Paid memberships are billed monthly in advance and automatically renew each month unless canceled.
You may cancel your membership at any time. Cancellation will take effect at the end of the current prepaid billing period. Access to premium content will continue through the remainder of the prepaid monthly term.
Subscription fees are non-refundable, except where required by applicable law.
If a paid membership is canceled or terminated, access to all associated premium programs, courses, and paid services will automatically terminate at the end of the current prepaid period.
If a payment method fails or a charge is declined, PelviCare may immediately suspend access to paid membership features until payment is successfully processed.
You agree not to initiate chargebacks or payment disputes in bad faith. In the event of a chargeback or payment dispute, PelviCare reserves the right to suspend or terminate access and to recover any associated fees, costs, or collection expenses to the extent permitted by law.
13. Intellectual Property
All content available on the Platform, including but not limited to videos, exercise programming, written materials, graphics, logos, trademarks, service marks, software, and branding, is the exclusive property of PelviCare or its licensors and is protected by intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for personal, non-commercial use.
You may not copy, reproduce, distribute, publicly display, publicly perform, transmit, modify, create derivative works from, or otherwise exploit any content without prior written permission from PelviCare.
14. User Conduct
Users agree not to:
PelviCare reserves the right, in its sole discretion, to suspend, restrict, or terminate your access to the Platform, whether free or paid, at any time and for any reason, including but not limited to violation of these Terms, misuse of the Platform, suspected fraudulent activity, or conduct that PelviCare determines to be harmful to other users or the integrity of the Platform. If access is terminated due to violation of these Terms, no refund shall be issued.
15. Term; Survival
These Terms are effective upon your first download, access, or use of the Platform, including use of the free version or any paid membership level, and shall remain in effect for so long as you access or use the Platform.
Termination of your account, cancellation of membership, or discontinuation of access does not affect provisions of these Terms that by their nature are intended to survive. Without limitation, the following provisions shall survive termination: Educational and Fitness Purpose Only, No Medical Advice, Assumption of Risk, Waiver and Release of Liability, Limitation of Liability, Indemnification, Intellectual Property, Arbitration, Governing Law, Disclaimer of Warranties, and any other provision that by its nature should survive termination.
16. Indemnification
You agree to indemnify, defend, and hold harmless PelviCare and its owners, officers, employees, contractors, and affiliates from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or relating to your misuse of the Platform or violation of these Terms.
17. Limitation of Liability
To the fullest extent permitted by applicable law:
PelviCare shall not be liable for any indirect, incidental, consequential, special, punitive, exemplary, or enhanced damages, including but not limited to lost profits, loss of data, loss of goodwill, or business interruption, arising out of or relating to the use of the Platform, regardless of the legal theory asserted.
PelviCare makes no guarantees regarding outcomes, results, symptom improvement, physical changes, or fitness progress.
In no event shall PelviCare’s total aggregate liability arising out of or relating to these Terms or the use of the Platform exceed:
This limitation applies to all claims, including but not limited to claims sounding in contract, tort, negligence, strict liability, personal injury, or any other legal theory, to the maximum extent permitted by law.
Nothing in these Terms limits liability for gross negligence, willful misconduct, or any liability that cannot be excluded under applicable law.
The remedies set forth in these Terms are exclusive.
18. Time Limitation on Claims
To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or the use of the Platform must be filed within one (1) year after the claim arose, or it shall be permanently barred.
19. Binding Arbitration and Class Action Waiver
Except for disputes that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any aspect of your relationship with PelviCare shall be resolved exclusively by final and binding arbitration under the Federal Arbitration Act.
The arbitration shall be conducted on an individual basis and not as a class, collective, consolidated, or representative action. You and PelviCare expressly waive any right to a trial by jury and waive any right to participate in a class action, class arbitration, or representative proceeding.
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, including any claim that all or part of this provision is void or voidable.
Arbitration shall be administered by a nationally recognized arbitration provider (such as the American Arbitration Association) under its consumer arbitration rules and may be conducted remotely or in the State of Michigan, unless otherwise agreed by the parties.
Each party shall bear its own attorneys’ fees unless otherwise required by applicable law. Arbitration filing and administrative fees shall be allocated in accordance with the applicable arbitration rules. If the arbitrator determines that arbitration costs would be prohibitively expensive for the consumer, PelviCare will pay the portion of such fees necessary to ensure that arbitration remains enforceable.
This arbitration provision shall survive termination of these Terms.
If any portion of this arbitration provision is found unenforceable, the remaining portions shall remain in full force and effect.
20. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict-of-law principles.
To the extent any dispute is not subject to binding arbitration, the parties agree that exclusive jurisdiction and venue shall lie in the state or federal courts located in Lenawee County, Michigan, and you consent to the personal jurisdiction of such courts.
21. Platform Availability
PelviCare does not guarantee uninterrupted, continuous, secure, or error-free access to the Platform. The Platform may be temporarily unavailable due to maintenance, technical issues, software updates, third-party hosting interruptions, payment processor failures, app marketplace disruptions, internet service interruptions, or other causes beyond PelviCare’s control.
PelviCare does not guarantee the continued availability of any specific program, course, or instructor.
PelviCare is not responsible for device compatibility, internet connectivity, or third-party app marketplace requirements.
PelviCare shall not be liable for any delay, interruption, or inability to access the Platform resulting from circumstances outside its reasonable control.
PelviCare does not warrant that the Platform will be secure or free from viruses, malware, unauthorized access, data loss, or other harmful components. You are responsible for implementing appropriate safeguards to protect your own devices and data.
22. Disclaimer of Warranties
The Platform is provided “as is” and “as available” without warranties of any kind, express or implied.
PelviCare disclaims all warranties, including but not limited to:
23. Modifications
PelviCare may update or modify these Terms from time to time. Continued use of the Platform after any update constitutes acceptance of the revised Terms.
PelviCare reserves the right, in its sole discretion, to modify, update, suspend, limit, or discontinue any feature, content, program, course, livestream session, or functionality of the Platform, whether free or paid, at any time and without prior notice.
PelviCare shall not be liable for any modification, suspension, limitation, or discontinuation of services.
24. Notices
PelviCare may provide notices to you under these Terms by email to the address associated with your account, by posting notice within the Platform, or by other reasonable electronic means. Notices provided electronically shall be deemed given when sent or posted.
You agree to maintain a current and accurate email address associated with your account. PelviCare is not responsible for notices not received due to outdated or incorrect contact information.
25. Assignment
You may not assign or transfer these Terms or any rights or obligations under them without PelviCare’s prior written consent.
PelviCare may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, restructuring, sale of assets, or by operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
26. Force Majeure
PelviCare shall not be liable for any failure or delay in performance arising from causes beyond its reasonable control, including but not limited to acts of God, internet outages, hosting provider failures, payment processor interruptions, labor disputes, governmental actions, natural disasters, cyberattacks, or other events outside PelviCare’s reasonable control.
27. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
28. Entire Agreement
These Terms constitute the entire agreement between you and PelviCare regarding your use of the Platform and supersede all prior or contemporaneous communications, representations, or agreements, whether written or oral.
29. European Union Consumer Addendum
29.1 Scope and Applicability
This Section 29 applies solely to users who are consumers residing in a Member State of the European Union (“EU Consumer”).
In the event of a conflict between this Section 29 and any other provision of these Terms, this Section 29 shall control with respect to EU Consumers only.
29.2 Dispute Resolution (Modification of Section 19)
Section 19 (Binding Arbitration and Class Action Waiver) shall not apply to EU Consumers to the extent prohibited by applicable consumer protection law.
EU Consumers retain the right to bring proceedings before the courts of their country of residence as permitted by applicable law.
29.3 Governing Law and Jurisdiction (Modification of Section 20)
Section 20 (Governing Law and Venue) shall not deprive EU Consumers of mandatory protections afforded under the laws of their country of residence.
Nothing in these Terms shall prevent an EU Consumer from bringing claims before the courts of the Member State in which they reside where required by applicable law.
29.4 Limitation of Liability and Personal Injury (Modification of Sections 10, 11, and 17)
Nothing in Sections 10 (Assumption of Risk), 11 (Waiver and Release of Liability), or 17 (Limitation of Liability) limits or excludes liability for death or personal injury caused by negligence, or any other liability that cannot be limited or excluded under applicable law.
The limitations and exclusions of liability set forth in Section 17 apply only to the extent permitted under applicable consumer protection law.
29.5 Time Limitation on Claims (Modification of Section 18)
Section 18 (Time Limitation on Claims) applies to EU Consumers only to the extent permitted under applicable law in their country of residence.
29.6 Right of Withdrawal for Digital Services (Modification of Section 12)
If you are an EU Consumer purchasing a paid membership, you have the right to withdraw from the contract within fourteen (14) days of purchase without giving any reason.
However, if you expressly request immediate access to digital content during the withdrawal period and acknowledge that performance begins immediately, you understand and agree that you lose your statutory right of withdrawal once access to digital content has commenced.
Where withdrawal is exercised in accordance with applicable law, PelviCare will provide a refund as required under EU consumer protection legislation.
29.7 EU Online Dispute Resolution
EU Consumers may submit complaints through the European Commission’s Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/
© 20?? PelviCare LLC