Terms of use
Terms of Use
Binding legal terms for the Escape iOS app and escapethegrip.com. Includes mandatory arbitration, class-action waiver, and limitation of liability. Read carefully before agreeing.
Effective Date: May 24, 2026 Last Updated: May 24, 2026
Welcome to Escape. These Terms of Use (the "Terms") form a binding legal agreement between you ("you" or "your") and the operator of Escape ("Escape", "we", "us", or "our"), and govern your access to and use of the Escape mobile application, related software, content, and services (collectively, the "Service"). For all contact, including service of legal notice, the operator can be reached at [email protected].
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING A MANDATORY BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND LIMITATIONS ON OUR LIABILITY.
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE AND DELETE THE APPLICATION FROM YOUR DEVICE.
1. The Service
Escape is a wellness and self-improvement mobile application that provides:
- A Safari content blocker that filters adult content websites in the Safari browser
- An iOS app-blocking feature using Apple's Family Controls framework
- Educational content, courses, daily reflections, and practice exercises related to recovery from compulsive behavior
- Streak tracking, journaling, and progress visualization tools
- Optional premium features available through auto-renewing subscription
Escape is a wellness and self-improvement tool. It is not a medical device, healthcare service, therapy platform, or substitute for professional medical, psychological, or psychiatric care.
2. Eligibility
To use the Service, you must:
- Be at least 17 years of age (or the legal age of majority in your jurisdiction, whichever is older)
- Have the legal capacity to enter into a binding contract
- Not be prohibited from using the Service under applicable law
- Not have had your account previously terminated by us for violation of these Terms
If you are using the Service on behalf of another person or entity, you represent that you have authority to bind them to these Terms.
By using the Service, you represent and warrant that you meet all of these requirements.
3. Your Apple App Store Agreement
The Service is licensed and distributed through Apple's App Store. The following applies in addition to these Terms:
(a) These Terms are between you and us only. Apple Inc. ("Apple") is not a party to these Terms and is not responsible for the Service or its content.
(b) Your license to use the Service is limited to a non-transferable license to use the application on any Apple-branded device that you own or control, as permitted by Apple's App Store Terms of Service and Apple Media Services Terms and Conditions.
(c) We, not Apple, are solely responsible for the Service and its content. Apple has no obligation to provide any maintenance or support for the Service.
(d) In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Service.
(e) We, not Apple, are responsible for addressing any claims by you or any third party relating to the Service, including but not limited to product liability claims, claims that the Service fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
(f) In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
(g) You must comply with applicable third-party terms of agreement when using the Service.
(h) Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
(i) 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(j) Apple Family Sharing. If you make the Service available to other members of your Apple Family Sharing group, each such family member's use is subject to these Terms, and you agree that you remain responsible for ensuring that any family member who uses the Service through your subscription complies with these Terms. We are not responsible for verifying the eligibility of individual family members.
4. Subscriptions, Billing, and Refunds
Escape offers free features and optional premium subscriptions.
(a) Subscription Plans. Premium features may be unlocked through auto-renewing subscriptions offered at the prices displayed in the Service. Subscriptions may include monthly and annual plans. Where a free trial is offered, it applies only to the specific plan and terms shown at the point of purchase.
(b) Billing. All payments are processed by Apple through your Apple ID account, in accordance with Apple's Media Services Terms and Conditions. We do not collect, store, or have access to your payment information.
(c) Auto-Renewal. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. You can manage and cancel subscriptions at any time in your Apple ID Subscription settings.
(d) Free Trials. Free trials, where offered, automatically convert to paid subscriptions at the end of the trial period unless cancelled at least 24 hours before the trial ends. You will not be charged for the trial period; you will be charged the regular subscription price thereafter.
(e) Refunds. All refunds are issued by Apple at Apple's sole discretion in accordance with Apple's refund policy. We do not process refunds directly. To request a refund, contact Apple through reportaproblem.apple.com or your iPhone Settings.
(f) Price Changes. We may change subscription prices from time to time. Price changes will not apply to your current subscription period but will apply to subsequent renewals. Apple will notify you of price changes as required by applicable law and offer you the opportunity to cancel.
(g) Taxes. Subscription prices may not include all applicable taxes. Apple is responsible for collecting and remitting any applicable taxes.
(h) California Automatic Renewal Law Disclosure. If you reside in California, the following disclosure applies: Your subscription will automatically renew at the end of each subscription period unless you cancel at least 24 hours before the period ends. Subscription prices are displayed in the application before you confirm the purchase and on your Apple receipt. To cancel, go to your iPhone Settings → [your Apple ID] → Subscriptions → Escape. You may also email [email protected] with the subject "Cancellation Assistance" if you need help locating Apple's cancellation interface. Cancellations take effect at the end of the then-current paid period.
(i) Right to Cancel — EU and UK Distance Selling Right. If you are an EU, EEA, or UK consumer, you may have a statutory right to withdraw from a distance contract within 14 days. However, by initiating a subscription that provides immediate digital access to the Service, you expressly request that performance of the contract begin before the end of the withdrawal period and acknowledge that, by doing so, you waive your right of withdrawal in respect of digital content already provided, in accordance with Article 16(m) of EU Directive 2011/83/EU (Consumer Rights Directive) and equivalent provisions in UK and EEA member-state law. Refund eligibility is governed by Apple's refund policy.
5. Wellness Tool — Not Medical or Mental Health Treatment
THIS SECTION IS A LOAD-BEARING PROTECTION FOR BOTH OF US. READ IT CAREFULLY.
(a) Not Medical Advice. The Service, including all content, courses, daily facts, recovery timeline information, practice exercises, journal prompts, and any other materials made available through the Service, is provided for general informational, educational, and self-help purposes only. It does not constitute, and is not intended to be, medical, psychological, psychiatric, therapeutic, or other professional advice, diagnosis, or treatment.
(b) Not a Substitute for Professional Care. The Service is not a substitute for advice from a qualified healthcare provider, licensed mental health professional, physician, psychiatrist, psychologist, counsellor, therapist, or any other qualified professional. Never disregard, avoid, or delay seeking professional advice because of something you have read or experienced in the Service.
(c) No Outcome Guarantees. We make no guarantees, representations, or warranties of any kind regarding the outcomes, results, recovery progress, behavioral changes, or any other benefits you may or may not experience from using the Service. Outcomes vary significantly based on individual circumstances, effort, underlying conditions, and many other factors beyond our control.
(d) Statistics and Research References. Where the Service references studies, statistics, or scientific research, those references are provided for educational context only. The state of scientific knowledge evolves, individual responses vary, and the science of behavioural change is contested in many areas. Nothing in the Service should be interpreted as a definitive scientific claim about you, your condition, or your prospects.
(e) Emergencies and Crisis Situations. The Service is not designed for, and must not be used in, medical emergencies, mental health crises, or any situation requiring immediate professional intervention. If you are experiencing a medical emergency, suicidal ideation, thoughts of self-harm, intent to harm others, or any other crisis, immediately contact emergency services (911 in North America, 112 in the EU, or your local emergency number) or a crisis hotline (988 in the United States, 9-8-8 in Canada, or your local equivalent). The Service is not monitored in real-time and we cannot respond to crisis situations.
(f) Recovery is a Personal Responsibility. You acknowledge that any decisions you make based on the Service, including decisions about your behaviour, recovery approach, lifestyle, treatment, or healthcare, are your personal responsibility. We are not responsible for the consequences of those decisions.
(g) Independent Medical Consultation. We strongly recommend that you consult with a qualified healthcare provider before beginning, modifying, or discontinuing any approach to addressing compulsive behaviour, addiction, mental health, or related concerns.
6. License to Use the Service
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service on Apple-branded devices that you own or control, solely for your personal, non-commercial use.
You may not, and you agree not to:
(a) Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent expressly permitted by applicable law
(b) Remove, alter, or obscure any copyright, trademark, or other proprietary notices in the Service
(c) Use the Service for any commercial purpose, including reselling, sublicensing, renting, leasing, or otherwise transferring access
(d) Use the Service in any manner that violates applicable law or these Terms
(e) Use the Service to harm, threaten, harass, defame, or invade the privacy of any person
(f) Interfere with, disrupt, or attempt to gain unauthorized access to the Service, its underlying systems, or any related networks
(g) Use the Service in connection with the development of any competing product or service
(h) Bypass, circumvent, or attempt to circumvent any technical limitations, access controls, or security features of the Service
(i) Use any automated means, including bots, scrapers, or crawlers, to access or use the Service
(j) Use the Service in any manner that could damage, disable, overburden, or impair the Service
(k) Allow another person to use your subscription or share subscription credentials
7. Intellectual Property
(a) The Service, including all software, content, courses, text, graphics, images, logos, designs, audio, video, user interfaces, code, and the selection, arrangement, and organization thereof, is owned by Escape or its licensors and is protected by copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws.
(b) "Escape" and the Escape logo are trademarks of the operator of Escape. You may not use these marks without our prior written permission.
(c) Except as expressly granted in these Terms, no rights, title, or interest in the Service are transferred to you. All rights not expressly granted are reserved by us.
(d) Any feedback, suggestions, or ideas you provide about the Service may be used by us without obligation to you. By submitting feedback, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and incorporate such feedback into the Service or any other product or service.
(e) Use of Data for Artificial Intelligence and Machine Learning. We do not use Your Content (including journal entries, voice notes, or any user-created content) to train artificial intelligence models, machine learning models, large language models, or any similar systems, whether operated by us or by third parties. We do not transmit Your Content to AI providers. This is a contractual commitment, not merely a privacy statement, and may only be modified by an amendment to these Terms that re-triggers your 30-day arbitration opt-out window under Section 17.
8. Your Content (Journal Entries, Voice Notes, and Other User Data)
(a) The Service allows you to create journal entries, voice recordings, custom site blocking lists, app selections, and other personal data ("Your Content").
(b) Your Content is stored locally on your device and, if you have enabled iCloud sync, on Apple's iCloud servers under your Apple ID. We do not have access to, store, or process Your Content on our servers. We cannot recover Your Content if it is lost.
(c) You retain all rights, title, and interest in Your Content. You are solely responsible for Your Content and the consequences of creating, storing, or transmitting it.
(d) You represent and warrant that you have all necessary rights to Your Content and that Your Content does not violate any law or any third party's rights.
(e) Because Your Content is stored only on your device and your own iCloud account, you are responsible for backing it up and protecting it from loss or unauthorized access on your device.
9. Third-Party Services and Links
(a) The Service may integrate with or link to third-party services, including but not limited to Apple iCloud, Apple's App Store, Apple's Family Controls framework, Apple's Screen Time API, Apple's ManagedSettings framework, Apple's ActivityKit, and analytics provided by TelemetryDeck GmbH.
(b) Your use of third-party services is governed by the terms and privacy policies of those third parties. We are not responsible for the practices, policies, content, or actions of any third-party service.
(c) The Service does not endorse, control, or warrant any third-party services, content, or links. Your use of such services is at your own risk.
10. Disclaimers of Warranties
THE FOLLOWING SECTION SIGNIFICANTLY LIMITS OUR OBLIGATIONS TO YOU. READ IT CAREFULLY.
(a) "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND.
(b) Disclaimer of All Warranties. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
(c) No Warranty of Outcomes. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY PARTICULAR RESULT, IMPROVE YOUR WELLBEING, REDUCE OR ELIMINATE ANY BEHAVIOUR, OR PRODUCE ANY OUTCOME WHATSOEVER. RESULTS, IF ANY, VARY BY INDIVIDUAL.
(d) No Warranty of Availability. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, 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.
(e) Blocking Effectiveness. WE DO NOT WARRANT THAT THE SERVICE'S CONTENT-BLOCKING OR APP-BLOCKING FUNCTIONALITY WILL BLOCK ALL OBJECTIONABLE CONTENT, BE FREE FROM CIRCUMVENTION, OR FUNCTION IN ALL CIRCUMSTANCES. NEW WEBSITES AND APPLICATIONS ARE CREATED CONTINUOUSLY, AND TECHNICAL LIMITATIONS, OPERATING SYSTEM CHANGES, AND USER ACTIONS CAN AFFECT BLOCKING EFFECTIVENESS.
(f) Information Accuracy. WHILE WE STRIVE FOR ACCURACY, WE DO NOT WARRANT THAT INFORMATION IN THE SERVICE (INCLUDING COURSES, STATISTICS, AND RECOVERY-TIMELINE CONTENT) IS COMPLETE, CURRENT, OR ERROR-FREE. THE SCIENCE OF BEHAVIOURAL HEALTH EVOLVES, AND CONTENT MAY BE OUT OF DATE.
(g) Jurisdictional Limits. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THAT EVENT, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11. Limitation of Liability
THIS SECTION IS A LOAD-BEARING LIMITATION OF OUR LIABILITY. READ IT CAREFULLY.
(a) Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US (THROUGH APPLE) FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).
(c) Specific Disclaimers. WITHOUT LIMITING THE FOREGOING, WE ARE NOT LIABLE FOR:
(i) Any decisions you make based on information in the Service (ii) Any outcomes, including but not limited to recovery progress, relapses, behavioural changes, or health outcomes (iii) Any harm resulting from your use of, or inability to use, content-blocking or app-blocking features (iv) Any loss of Your Content stored locally on your device or in your iCloud account (v) Any conduct of third parties, including but not limited to Apple, TelemetryDeck, or any healthcare provider you consult (vi) Any service interruption caused by Apple, your internet service provider, your device, or other factors beyond our reasonable control (vii) Any incidental, indirect, or consequential damages arising from circumvention of the Service's blocking features
(d) Basis of the Bargain. YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN US, AND THAT THE PRICING AND AVAILABILITY OF THE SERVICE REFLECTS THESE LIMITATIONS. WITHOUT THESE LIMITATIONS, WE WOULD NOT BE ABLE TO OFFER THE SERVICE AT THE CURRENT PRICE OR AT ALL.
(e) Jurisdictional Limits. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12. Indemnification
You agree to indemnify, defend, and hold harmless Escape, its owner, affiliates, employees, contractors, agents, and licensors (collectively, the "Indemnified Parties") from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable lawyer's fees) arising out of or related to:
(a) Your use of or inability to use the Service (b) Your violation of these Terms (c) Your violation of any applicable law or any third party's rights (d) Your Content (e) Any decisions you make based on the Service (f) Any negligent or wrongful conduct by you
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
13. Privacy and Technical Data
(a) Your use of the Service is also governed by our Privacy Policy, available at escapethegrip.com/privacy, which is incorporated by reference into these Terms. By using the Service, you consent to our data practices as described in the Privacy Policy.
(b) Technical Data. You consent to our processing of limited, anonymous technical data (such as anonymous event signals, application version, anonymous device family, and aggregate usage metrics) for purposes of providing, maintaining, supporting, and improving the Service. We do not, and will not, collect personally identifying information through this technical data. Full details are in our Privacy Policy. This consent may be effectively withdrawn by uninstalling the Service.
(c) No Use for Targeted Advertising or Profile Building. We do not use any data (technical or otherwise) for targeted advertising, profile building, cross-context behavioral advertising, or any similar purpose, regardless of jurisdiction.
14. Termination
(a) Your Right to Terminate. You may stop using the Service at any time by deleting the application from your device. To cancel any active subscription, manage your subscription through your Apple ID Subscription settings.
(b) Our Right to Terminate. We may suspend, restrict, or terminate your access to the Service, with or without notice, in our sole discretion, for any reason, including but not limited to your violation of these Terms.
(c) Effect of Termination. Upon termination:
- Your license to use the Service ends immediately
- You must stop using the Service and delete the application
- Any outstanding subscription fees are not refundable except as required by law or Apple's policies
- Provisions of these Terms that by their nature should survive termination will survive, including but not limited to provisions on intellectual property, disclaimers of warranties, limitation of liability, indemnification, governing law, and dispute resolution
15. Dispute Resolution — Mandatory Binding Arbitration
THIS SECTION REQUIRES YOU TO RESOLVE DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN COURT TRIALS OR CLASS ACTIONS. READ IT CAREFULLY.
(a) Agreement to Arbitrate. Except as expressly provided in this Section, any dispute, claim, or controversy arising out of or relating to the Service, these Terms, or our relationship (including the existence, validity, performance, breach, or termination of these Terms) (a "Dispute") will be resolved exclusively through final and binding individual arbitration, not in court.
(b) Informal Resolution First. Before initiating arbitration, you agree to first contact us at [email protected] with a written description of the Dispute and to make a good-faith effort to resolve the Dispute informally for at least sixty (60) days.
(c) Arbitration Procedure. Arbitration will be administered by JAMS (formerly Judicial Arbitration and Mediation Services) under its applicable rules then in effect, including, where applicable, its Streamlined Arbitration Rules or Consumer Arbitration Minimum Standards. The rules are available at jamsadr.com. If JAMS is unavailable or refuses to administer the arbitration, the arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
(d) Arbitrator. The arbitration will be conducted by a single neutral arbitrator. The arbitrator will have exclusive authority to resolve any Dispute, including any question regarding the existence, validity, scope, enforceability, or interpretation of these Terms or this arbitration agreement.
(e) Location and Format. The arbitration will be conducted remotely (by telephone, video conference, or written submissions) unless the arbitrator determines that an in-person hearing is appropriate. If an in-person hearing is required, it will be held in the Province of Ontario, Canada, or another location mutually agreed upon by the parties.
(f) Costs. Each party will bear its own costs of arbitration, except that we will pay all filing, administrative, and arbitrator fees that exceed the cost of filing a small claims action in your local jurisdiction, to the extent required by applicable law or JAMS / AAA consumer rules.
(g) Arbitrator's Authority. The arbitrator may award any individual relief or remedies permitted by applicable law, subject to the limitations in these Terms. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
(h) Confidentiality. All aspects of the arbitration, including the award, will be strictly confidential, except as necessary to enforce the award or as required by applicable law.
(i) Small Claims Exception. Either party may bring an individual action in a small claims court of competent jurisdiction for any claim within the scope of that court's jurisdiction, in lieu of arbitration.
(j) Injunctive Relief Exception. Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or unauthorized access to the Service.
16. Class Action Waiver
THIS PROVISION SIGNIFICANTLY LIMITS YOUR LEGAL RIGHTS. READ IT CAREFULLY.
(a) Individual Basis Only. YOU AND WE AGREE THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
(b) Waiver of Jury Trial. TO THE EXTENT ANY DISPUTE IS PERMITTED TO PROCEED IN COURT RATHER THAN ARBITRATION, YOU AND WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL.
(c) Severability. If this Class Action Waiver is found to be unenforceable with respect to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) will be severed from arbitration and may be brought in court. The remainder of the arbitration agreement remains in full force and effect.
17. Right to Opt Out of Arbitration
YOU MAY OPT OUT OF THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN SECTIONS 15 AND 16 BY FOLLOWING THIS PROCEDURE:
To opt out, you must send written notice to us at [email protected] with the subject line "Arbitration Opt-Out", including your full name, the email address associated with your Apple ID (if you have made a purchase), and a clear statement that you do not wish to be bound by the arbitration agreement or class action waiver. The opt-out notice must be received by us within thirty (30) days of the date you first accepted these Terms or any amendment that re-triggers the opt-out window.
If you opt out, you remain subject to all other provisions of these Terms. Opting out of arbitration will not affect any other provisions of these Terms, including the governing-law and jurisdiction provisions below.
18. Governing Law and Jurisdiction
(a) Governing Law. These Terms and any Dispute arising out of or relating to them are governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles.
(b) Exclusive Jurisdiction. Subject to the arbitration agreement in Section 15, you and we agree that the courts of the Province of Ontario, Canada, will have exclusive jurisdiction over any Dispute that is not subject to arbitration or that may be brought in court under the exceptions in Sections 15(i) or 15(j). You consent to the personal jurisdiction of, and venue in, those courts and waive any objection based on inconvenient forum.
(c) United Nations Convention Excluded. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
(d) Contractual Limitation Period. Except where prohibited by mandatory law of your jurisdiction (including, for example, Quebec, where the Civil Code controls prescription periods), any Dispute arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues. After this period, any such Dispute is permanently barred. This limitation does not apply where the law of your jurisdiction provides a longer mandatory limitation period that cannot be reduced by contract.
18A. Mass-Arbitration and Coordinated Filing Procedures
If twenty-five (25) or more individual demands for arbitration of similar nature are filed against us by claimants represented by the same or coordinated counsel within a sixty (60) day period:
(a) JAMS or AAA (as applicable) may apply its mass-arbitration or batch-filing procedures, which may include consolidation for purposes of case management, fee allocation, and procedural rulings on common issues, while preserving the right of each claimant to an individual arbitration on the merits.
(b) We reserve the right to elect, in our sole discretion, to have all such claims resolved in court rather than arbitration, in which case Section 16 (Class Action Waiver) and Section 18 (Governing Law) continue to apply, and claims would be heard on an individual basis only in the courts of Ontario, Canada (subject to Section 19 for residents of jurisdictions with mandatory consumer rights).
(c) This provision is intended to prevent abuse of the arbitration process by coordinated mass-filings and is not intended to limit any individual claimant's right to bring a legitimate individual claim, whether in arbitration or in small claims court under Section 15(i).
(d) Nothing in this Section affects your right to opt out of arbitration under Section 17.
19. Consumer Protection — Mandatory Rights
If you reside in the European Union, the European Economic Area, the United Kingdom, the Province of Quebec, or any other jurisdiction with mandatory consumer-protection law that cannot be waived by contract, those mandatory rights apply notwithstanding anything to the contrary in these Terms. To the extent of any conflict: (i) the mandatory law of your jurisdiction governs; (ii) if mandatory law prohibits the arbitration agreement (Section 15) or class-action waiver (Section 16) in consumer contracts, those sections do not apply to you and disputes may be brought in the competent courts of your jurisdiction; (iii) if mandatory law renders any limitation of liability (Section 11) unenforceable, Section 11 applies only to the extent permitted.
Quebec residents specifically retain rights under the Quebec Consumer Protection Act, the Civil Code of Quebec, and the Act respecting the protection of personal information in the private sector (Law 25), and may seek redress with the Office de la protection du consommateur or the Commission d'accès à l'information du Québec.
You will always retain the benefit of mandatory consumer-protection law in your jurisdiction of residence.
20. Force Majeure
We will not be liable for any failure or delay in performing our obligations under these Terms to the extent caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government action, pandemic, epidemic, labour disputes, internet or telecommunications failures, third-party service failures (including Apple's services), power outages, or any other event of a similar nature.
21. Changes to These Terms
We may modify these Terms from time to time. When we make material changes, we will update the "Last Updated" date at the top of these Terms and, where required by applicable law or in our reasonable discretion, provide notice through the Service, by updated release notes on the App Store, or by other reasonable means.
Your continued use of the Service after changes take effect constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and delete the application.
When a material change is made, you will have a new thirty (30) day opt-out window for the arbitration agreement (Section 17), starting from the effective date of the change.
22. Severability and Survival
If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if it cannot be so modified, severed from these Terms. The remaining provisions will continue in full force and effect.
The following Sections will survive termination of these Terms: 4 (Subscriptions, regarding payment obligations incurred prior to termination), 5 (Wellness Tool — Not Medical Treatment), 7 (Intellectual Property), 8 (Your Content), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 14 (Termination), 15 (Arbitration), 16 (Class Action Waiver), 17 (Opt-Out), 18 (Governing Law), 22 (Severability and Survival), 23 (Assignment), 24 (Entire Agreement), 25 (Waiver), and 26 (Contact).
23. Assignment
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this Section is void. We may assign or transfer our rights and obligations under these Terms at any time without notice.
24. Entire Agreement
These Terms, together with our Privacy Policy and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.
In the event of any conflict between these Terms and any other policy or agreement, these Terms control unless the other policy or agreement expressly states otherwise.
25. No Waiver
Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective.
26. Contact
Questions about these Terms? Email us at:
For arbitration opt-out, please use the subject line "Arbitration Opt-Out" as described in Section 17.
For informal dispute resolution under Section 15(b), please use the subject line "Dispute Resolution".
27. Acknowledgment
BY DOWNLOADING, INSTALLING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
You also acknowledge that:
(a) The Service is a wellness and self-improvement tool, not a medical device or substitute for professional care (b) You are using the Service at your own risk and discretion (c) Outcomes are not guaranteed and vary by individual (d) Mandatory binding arbitration and class action waiver provisions apply to you unless you opt out within 30 days (e) You have the legal capacity to enter into this agreement
These Terms are effective as of the date stated at the top of the document.
All contact: [email protected].