Last updated: December 2, 2024
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Henry Tran ("we," "us," or "our"), governing your access to and use of the Soteria Health mobile application ("App") and related services (collectively, the "Service").
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under 18, you may not use the Service under any circumstances.
To access certain features of the Service, you must create an account. When you create an account, you agree to:
Provide accurate, current, and complete information during registration; maintain and promptly update your account information; maintain the security of your password and account; accept responsibility for all activities that occur under your account; and notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or incomplete.
IMPORTANT: PLEASE READ THIS SECTION CAREFULLY.
The Service provides general health, fitness, and wellness information and exercise routines for educational and informational purposes only. The content available through the Service is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
The Service does not provide medical advice. Always seek the advice of your physician, physical therapist, or other qualified health provider with any questions you may have regarding a medical condition, injury, or fitness program. Never disregard professional medical advice or delay in seeking it because of something you have read or accessed through the Service.
Exercise involves inherent risks. You acknowledge that participating in exercise and fitness activities carries inherent risks, including but not limited to physical injury, disability, and death. You voluntarily assume all such risks and agree that we are not responsible for any injuries or health issues that may result from your use of the Service or participation in any exercises or routines accessed through the Service.
Consult your doctor before beginning any exercise program, especially if you have any pre-existing medical conditions, injuries, or health concerns. If you experience any pain, discomfort, dizziness, or other symptoms during exercise, stop immediately and consult a healthcare professional.
We make no representations or warranties regarding the accuracy, completeness, or suitability of any health or fitness information provided through the Service.
The Service operates on a freemium model. Basic features are available at no cost, while premium features require a paid subscription.
If you choose to purchase a subscription, you agree to pay all applicable fees as described in the App at the time of purchase. Subscription fees are billed in advance on a recurring basis according to your chosen subscription plan. You authorize us to charge your selected payment method for all fees due.
Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. You may cancel your subscription at any time through your device's app store settings. Refunds are handled in accordance with the policies of the applicable app store (Apple App Store or Google Play Store).
The Service allows you to create, share, and interact with content, including text and exercise routines ("User Content"). You retain ownership of any User Content you create, but by posting User Content through the Service, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display your User Content in connection with operating and providing the Service.
You represent and warrant that your User Content does not violate these Terms or any applicable law, does not infringe upon the intellectual property or other rights of any third party, and is not fraudulent, misleading, defamatory, obscene, or otherwise objectionable.
We do not endorse any User Content and expressly disclaim any liability in connection with User Content. We reserve the right to remove any User Content at our sole discretion, without notice, for any reason.
You agree not to engage in any of the following prohibited activities:
Using the Service for any illegal purpose or in violation of any laws; impersonating any person or entity or falsely representing your affiliation with any person or entity; interfering with or disrupting the Service or servers connected to the Service; attempting to gain unauthorized access to any portion of the Service or any other accounts, systems, or networks; using any automated means to access the Service or collect information from the Service; transmitting any viruses, malware, or other harmful code; harassing, threatening, or intimidating other users; posting false, misleading, or deceptive content, especially regarding health or fitness information; using the Service to advertise or solicit without our prior written consent; or circumventing any measures we use to restrict access to the Service.
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Henry Tran. The Service is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
The Service may contain links to or integrations with third-party websites, services, or resources. We are not responsible for the content, products, or services offered by third parties. Your use of third-party services is at your own risk and subject to the terms and conditions of those third parties.
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.
You may terminate your account at any time by deleting your account through the App or by contacting us. Upon termination, your User Content may be deleted, and we have no obligation to retain or provide you with copies of your User Content.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HENRY TRAN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Henry Tran from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your User Content, your violation of these Terms, or your violation of any rights of any third party.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Pennsylvania, and you consent to the personal jurisdiction of such courts.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will provide notice through the Service or by other means. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.
We encourage you to review these Terms periodically for any changes.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.
If you have any questions about these Terms, please contact us at:
Soteria Health
Operated by Henry Tran
Email: soteriahealthlegal@gmail.com