Terms of use agreement for Moovd

To protect Moovement (our “Product”) and the members of our community, we require this Terms of Use Agreement, which sets forth some of the rules for downloading and using our Product. This Terms of Use Agreement is a legal agreement between you and us (Moovd) and describes the terms and conditions for using the Product. We find reading usage right agreements as tedious as you do, so we have tried to keep these as brief as possible. If you violate these rules, there is a chance that we may block your use of our Product. If we think it’s necessary, we may even use our lawyers. Please read these terms and conditions and make and keep a printout of them for your records, as no copy will be kept for you.
If you purchase, download, or use our Product, you agree to abide by the rules of this Terms of Use (“Terms of Use”). If you are unwilling or unable to agree to these rules, you may not purchase, download, or use our Product

THE MAIN RULE

The main rule is that you may not distribute anything we have made unless we expressly agree to do so. By “distribute anything we have made” we mean:
– giving copies of our Product to others;
– making commercial use of what we have made;
– trying to make money from something we made; or
– giving others access to what we have made in a way that is unjust or unreasonable
unless we expressly agree to do so. For clarity, ” the Product ” or “what we have made” also includes, but is not limited to, the client or server software for our Product, including Moovd on all platforms. It also includes updates, patches, downloadable content, add-ons, or modified versions of a Product, components of the foregoing, or other things we have made.

USE OUR PRODUCT

You have received a license for the Product to use the Product itself on your devices.
Below, we also give you certain rights to do other things, but we have to draw the line somewhere. Otherwise, people might go too far. If you want to make something related to what we have made, we think that is a great honor. But make sure that people can’t get the impression that it’s official, and that you abide by this Terms of Use. And above all, do not make commercial use of things we have created.
The license and permission we have granted you to use our Product may be revoked if you violate any of the provisions of this Terms of Use.
When you purchase our Product, you will receive a license that grants you permission to install the Product on your own personal device and use it on that device, as set forth in this Terms of Use. This permission applies to you personally. Thus, you may not distribute the Product (or any part of it) to another person. It also means that you may not sell or rent the Product or make it accessible to others.
Within reasonable limits, you may do what you want with screenshots and videos of the Product. By “within reasonable limits,” we mean that you will not make any commercial use of them or do anything that is unlawful or adversely affects our rights unless we specifically allow it in this Terms of Use or in a specific agreement with you. If you upload videos from the Product to a video sharing and streaming website, you are permitted to add advertisements. We also ask that you do not rip and distribute graphics.
In fact, the rule is very simple: do not make commercial use of anything we have created unless we expressly say it is allowed. And if the law expressly permits it, for example based on the principle of “fair use” or “fair dealing,” it is also allowed – but only to the extent that the law applicable to you says so.
Ensuring the integrity of the Product requires that all downloads and updates to the Product be obtained from an authorized source. We also consider it important that third-party tools/services should not pretend to be “official” as we cannot guarantee their quality. This is part of the responsibility we have to Moovd’s customers.


OWNERSHIP OF OUR PRODUCT AND OTHER ITEMS

Although we grant you permission through the license to install our Product on your device, Moovd retains full ownership of it. Moovd is the sole rights holder and developer of the software. Includes all software, ideas, source code, algortimes, protocols. We also own our trademarks and all content in the Product. Thus, at the time you pay for our Product, you are purchasing a license to use our Product in accordance with this License Agreement. You are not purchasing the Product itself. The only powers you receive with respect to the Product and its installation are those described in this Terms of Use.
Any Mods for the Product that you develop all by yourself (including pre-run Mods and in-memory Mods) are your property. You can do whatever you want with them, provided you do not sell them or try to make money from them, and provided you do not distribute a Modded Version of the Product. Remember: a Mod refers to something that is your own work, and does not contain a significant portion of our code or content. Only what you have created yourself is your property; our code or content is not your property.


CONTENTS

Moovd does not use in any way traceable content information, patient or personal data to you. Image and/or audio material is explicitly not stored and is in no way further processed or used. All data is securely stored under an anonymous session ID number that Moovd in no way can be traced back to you as a person. Anonymized content that does get stored is:
– Settings made by the therapist
– Date and time of the session
– Subject Unit of Distress (SUD) which indicates the degree of subjective stress in relation to mental representations to be processed
– Response times
This content is used for research and further development and improvement of our program.
If you make the above content available in or through our Product, you agree to give us permission to use, copy, modify, adapt, distribute and publicly display the relevant anonymized content. This consent is irrevocable. You also agree that we grant other people permission to use, copy, modify, adapt, distribute and publicly display the relevant content. You also waive your ownership rights to your content and give us and other users permission to use it. If you do not wish to give us this permission, you should not make content available in or through our Product. Think carefully before making content available. This is because it may be made public and may also be used by others in ways you do not like.
We reserve the right to remove content at our discretion.
Please be wary when talking to others in our Product. It is difficult for you or us to determine with certainty whether what people say is true, or even whether they really are who they say they are. Therefore, please think carefully before giving information about yourself to others


UPDATES

We may occasionally make available upgrades, updates or patches (we call all of these “updates”), but we have no obligation to do so. Nor are we obligated to provide ongoing support for a Product or maintain the Product. Of course, we hope to continue to publish new updates for our Product, we just can’t guarantee that we will. Updates may contain changes that may not work well with other software. This is unfortunate, but we cannot accept responsibility for this.
LIABILITY AND APPLICABLE LAW
The provisions of this Terms of Use do not affect your legal rights under the law applicable to you with respect to the Product. You may have certain rights that cannot be excluded under the laws applicable to you. Nothing that we say in these Terms affects those legal rights, even if we say something that sounds like it conflicts with your legal rights. That is what we mean by “subject to applicable law”.
SUBJECT TO APPLICABLE LAW, WHEN YOU OBTAIN A COPY OF OUR PRODUCT, WE PROVIDE YOU WITH THE PRODUCT “AS IS. UPDATES ARE LIKEWISE PROVIDED “AS IS. THIS MEANS THAT WE MAKE NO REPRESENTATIONS TO YOU ABOUT THE STANDARD OR QUALITY OF OUR PRODUCT OR ITS UNINTERRUPTED OR ERROR-FREE OPERATION. WE ARE NOT RESPONSIBLE FOR ANY LOSSES AND DAMAGES CAUSED BY THEM. YOU BEAR THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. IF YOU WISH TO REPORT A POSSIBLE PROGRAMMING ERROR TO US, YOU MAY DO SO THROUGH THIS SITE.
The laws of your country of residence shall govern this Terms of Use and all disputes, including disputes relating to the Terms of Use, our Product or our Website, regardless of the principles of private international law.


TERMINATION

If you violate any of the provisions of this Terms of Use, we can terminate the agreement, if we want to. You can also terminate the agreement, if you wish. Simply remove the Product from your device. This will terminate the Terms of Use. If the End User License Agreement is terminated, you no longer have the rights with respect to the Product granted in this license. You do, of course, retain all rights with respect to the things you yourself have created with the Product. The sections on “Ownership of our Product “, “Our Liability” and “General Provisions” continue to apply even after the Terms of Use have been terminated.

GENERAL PROVISIONS

You may still have rights under local laws that cannot be affected by this Terms of Use. If so, this Terms of Use shall apply to the fullest extent permitted by law. Nothing in this license limits our liability for death or personal injury arising in tort or fraudulent misrepresentation on our part.
We may modify this Terms of Use from time to time, if we have a reason to do so. For example, there may be changes in our Product, practices or legal obligations. However, such changes are valid only to the extent that they can be legally applied. For example, if you only use the Product in Virtual Reality mode and do not use the updates we make available, the old Terms of Use will continue to apply. But if you use the updates or parts of the Product that depend on the ongoing online services we provide, the new Terms of Use will apply. In that case, we will notify you of the change before it takes effect by publishing a notice on our Website, or by other reasonable means. We will not use this underhandedly, but sometimes the law changes or someone does something that affects other users of the Product and we have to do something about it.
If you approach us with a suggestion for our Product, the suggestion is made free of charge and we are under no obligation to accept or consider it. This means that we may or may not use your suggestion in any way and do not have to pay you for it. If you think you have a suggestion for which we would be willing to pay, you should submit the suggestion only after you have told us that you expect compensation and we have asked you in writing to submit the suggestion.


Medical disclaimer 

Moovd is a provider of online and mobile stress-related tools in the wellness space. This product (Moovement) is not a health care or medical device, nor should our products be considered medical advice. Only your doctor or other healthcare provider can do that. Moovd makes no claims, representations or warranties that the Products provide any physical or therapeutic benefit.
You represent and warrant that you are in sufficient physical and mental health to engage in such activities (as provided in the app) and that you have no disability or condition that would make such activities dangerous. You should consult a licensed physician before beginning or modifying any program you undertake, especially if you have a prior injury, other mental disability, dissociative disorder or higher degree of likelihood of dissociation, suicidal thoughts, other chronic illness or condition. You acknowledge that Moovd has advised you of the need for this.
All health information and links on the Products, whether provided by Moovd or on contract by third party providers, are provided solely for your convenience.
Any advice or other materials in the Products are for general informational purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The tools, text and other materials we make available are intended to support the relationship between you and your health care providers and not to replace it. We are not liable or responsible for any consequences of your having read or been made aware of such advice or other materials, as you assume full responsibility for your decisions and actions. In particular, to the extent permitted by law, we make no representations or warranties about the accuracy, completeness or fitness for any purpose of the tool, app, content, other materials and information published as part of the Products.
There have been rare reports where people with certain psychiatric problems such as anxiety, PTSD, trauma, dissociative disorder, suicidal ideation and depression have experienced a worsening of their condition when combined with intensive app exercises. People with existing mental health problems should speak with their health care providers before starting a session.