Terms of Use

Effective: August 23 2024.

Copyright, Permission Requests, Disclaimer & Terms of Use.

Your access to or use of the website at www.reyou.app and or re:you app (collectively referred to as the “Site”) is governed by the following terms of use. Any unauthorized use of the Site may constitute a violation of these terms, and such misuse may result in legal action against you.

© 2024, Dhyan Vimal Institute for Higher Learning, Inc. All Rights Reserved.

Accessibility and Language Support

If you have a visual impairment, another disability, or need assistance in a different language, you can request access to this Privacy Policy by emailing us at info@reyou.app.

Introduction

Welcome to 're:you'; a mobile application and website platform created under the Dhyan Vimal Institute for Higher Learning Inc.Canada (“DVI”) together with its affiliate partner Positive Leader LLC (PL) [ "we", "us", "our" ]. We are committed to protecting and respecting your privacy. Please read our Privacy Policy to see the types of personal information we collect, how we use that information, who we share it with, how we protect that information, and your legal rights in relation to your information as well. You agree to abide by the Privacy Policy which is incorporated herein by reference in its entirety and any updates and amendments thereto.

About 're:you'

're:you' is a mobile application and website platform created under the Dhyan Vimal Institute for Higher Learning Inc.Canada ("DVI"). In line with our company values, particularly prioritizing our members, 're:you' is committed to protecting and respecting your privacy when you use our content and products through our websites, including www.reyou.app ("Websites"), our mobile application ("Apps"), or other delivery methods (collectively, "Products"). 're:you' offers programs, lectures, podcasts, articles, and personal assessments (collectively, "Services") via these Products or other applicable delivery methods. These Services are provided by DVI or its affiliated partner Positive Leader LLC, or other approved third-party providers (collectively referred to as "Providers"). Throughout this Privacy Policy, all of our Products and Services are collectively referred to as our "Platform." This Privacy Policy addresses the collection and use of "personal information," defined as information about an identified or identifiable individual collected through our Platform.

These Terms & Conditions (these "Terms") govern your access to and use of the Products and Services. The term "Device" refers to the device which is used to access the Products or Services, including but not limited to computers, smartphones, and tablets. The term "you" refers to the user of the Products or Services.

Protecting the personal information you provide through the Products and Services is of paramount importance to us. For detailed information about our privacy practices, please refer to our Privacy Policy ("Privacy Policy"). By using the Products and Services, you acknowledge that your usage is also subject to our Privacy Policy, and you agree that your use of the Products and Services may involve the collection of personal information that may be considered sensitive under local laws. We encourage you to review both the Terms and the Privacy Policy to understand our commitments to you.

PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE (SECTION 14). EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND DVI & PL AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS AND SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS‐ACTION LAWSUIT OR CLASS‐WIDE ARBITRATION.

1. WHAT YOU'RE SIGNING UP FOR

1.1 PRODUCTS AND SERVICES

Our Products encompass a range of offerings focused on personal growth, including but not limited to, meditation, relationships, empowerment, positive leadership, and mindfulness.

1.2 GENERAL RULES FOR USE OR ACCESS

(a) By accessing and using this Site, you agree that any Content downloaded or otherwise accessed through the use of this Website is obtained entirely at your own risk. You will be solely responsible for any resulting damage to software or computer systems and/or any resulting loss of data, however caused. Some jurisdictions may not allow certain limitations of warranties and damages, so some of the above exclusions may not apply to you.

(b) When you place an order (“Order”) for any Products or Services, or otherwise use or access the Products or Services, you agree to be bound by these Terms and all applicable laws, rules, regulations, judicial orders, executive orders, or similar binding legal instruments (“Applicable Law”). You may also be asked to click “I agree” prior to your purchase or access to the Products and Services. If you do not click “I agree,” you may not be able to complete your purchase or access the Products or Services. If you do not agree to these Terms, please do not use the Products or Services.

(c) These Terms and the applicable Order constitute the entire agreement between you and us concerning the provision of the Products and Services, unless expressly stated otherwise. Additional terms and conditions or policies may apply to certain Products or Services or special offerings, which are incorporated into these Terms. In the event of a conflict between these Terms and any additional terms, the additional terms will control.

(d) Before using or purchasing the Products or Services, please ensure that all details in these Terms and on the applicable Order are complete and accurate. If you identify any errors, please contact us at info@reyou.app. We only assume responsibility for written statements or representations made by an authorized representative of DVI.

(e) Use of the Products and Services is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Products and Services, and it is your responsibility to ensure the equipment's functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

1.3 CHANGES TO TERMS

DVI reserves the right to amend or update these Terms, or any related policies or practices, at any time. If any changes materially modify your rights or obligations, we may notify you and require you to accept the modified Terms to continue using the Products or Services. Notifications may be provided through pop‐ups, push notifications within the Products, or via email. Continued use of the Products or Services after such modifications constitutes your acceptance of the modified Terms.

2. USING THE PRODUCTS

2.1 Member Registration and Responsibilities

(a) To access the Products or Services, you must register as a user (a “Member”). Registration can be completed through our Website, App, or certain third‐party social networking services. If you register via a third‐party service, additional terms and policies of that third‐party may apply. To become a Member, you will need to provide personal information such as your first and last name, email address, date of birth, and a password (collectively, “User Information”). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one Member account. Additional User Information may be required to access or use certain Products or Services.

(b) By registering as a Member and using or accessing the Products or Services, you represent and warrant that: (i) you are legally capable of entering into binding contracts; (ii) all User Information you submit is truthful, accurate, and up‐to‐date; (iii) you will maintain the accuracy of such information; and (iv) your use of the Products and Services complies with these Terms and all Applicable Laws.

(c) Member accounts and Subscriptions (as defined below) are non‐transferable. You agree not to sell, transfer, or exchange Member accounts or Subscriptions in any manner. This includes any discounted, subsidized, or Free Trials (as defined below) of Subscriptions.

2.2 Children's Privacy

Our Platform is intended for individuals aged 18 or older. We do not knowingly collect personal information from children under 18.

2.3 Subscriptions & Purchases

(a) Free Trials. You may be eligible for a free trial period of certain Products (“Free Trial”). You are limited to one Free Trial, regardless of subscription method. We reserve the right to determine eligibility for Free Trials, which may vary based on factors including the Product or Service selected and any previous Free Trial redemption. Free Trials automatically convert to a paid subscription after a specified period, unless you cancel prior to the end of the trial period.

(b) Automatically Renewing Subscriptions. Members may access the Products or Services through a subscription program (“Subscription”), available on a monthly or annual basis (“Subscription Term”). A month is defined as 30 calendar days, and a year as 365 calendar days. Subscriptions may be required for separate Products and Services. Subscriptions will automatically renew unless canceled by you or terminated by DVI.

(c) Subscription Cancellation. You may cancel your Subscription at any time, but cancellation must occur before the renewal date to avoid being charged for the next Subscription Term.

(d) No Refunds on Subscriptions. All Subscription fees are non‐refundable.

(e) Subscription Methods. You may subscribe through: (i) purchasing a subscription via the Website or within the App, where permitted by App marketplace partners; (ii) a Benefit Sponsor (as defined in Section 2.5); or (iii) a bundle subscription with our partners. Note that purchases made through the Apple iTunes Store or the Google Play store are final and subject to Apple's and Google's respective payment policies, which may not offer refunds.

(g) Purchases. Some Products or Services may be accessed by paying a non‐recurring fee at the time of registration (“Purchase”). By making a Purchase, you authorize DVI or our App marketplace partners to charge all applicable sums (“Fees”) on the payment due date. Your account will be charged automatically on the date of Purchase, and all sales are final with no refunds provided.

(h) Discounts. DVI may offer special discount pricing options to qualified users (“Qualified Users”). DVI reserves the right to determine if you are a Qualified User in our sole discretion. Additional terms may apply to such Special Discount Pricing Options.

(i) Prices in US Dollars include local Canadian taxes like GST on products purchased. You agree not to hold us r esponsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us.

2.4 Payment Terms

(a) Your use of the Products and Services may require payment of fees. We reserve the right to determine pricing, which may vary based on factors such as your employer or other Benefit Sponsor's agreement with us. We will make reasonable efforts to keep pricing information published on our website up‐to‐date.

(b) You are responsible for all applicable fees and charges incurred, including taxes, unless otherwise agreed in writing. Before payment, you will have the opportunity to review and accept the fees. To access the Products a nd Services, you may need to provide payment information. You agree to promptly notify DVI of any changes to your Payment Method while any payments remain outstanding. You authorize DVI or a third‐party payment processor to charge all fees, including taxes, to the Payment Method. If paying by credit card, we (or a third‐party payment processor) may seek pre‐authorization to verify the card's validity and available funds. If a third‐party payment processor is used, their terms of service and privacy policy will apply to your personal information.

(c) During your use of the Products or Services, DVI and its third‐party payment processor may receive and use updated credit card information from your card issuer to prevent service interruptions due to an outdated or invalid card. This information is provided at the discretion of your credit card issuer. If you wish to opt‐out of this update service, please contact your credit card issuer. You agree not to hold us responsible for any banking charges incurred due to payments on your account.

2.5 Benefit Sponsors

Various groups, including but not limited to employers, healthcare providers, health plans, universities, and government entities (collectively, "Benefit Sponsors"), may purchase and introduce the Products and Services to their employees, eligible dependents, and members. In some cases, our Benefit Sponsors may supplement these Terms with their own terms and conditions, which may include additional terms regarding subscription redemption, usage, or supplementary payment for access to Products and Services. If such terms apply, they will also govern your use of the Products and Services. In the event of any conflict between such additional terms and these Terms, the additional terms will prevail.

2.6 Changing Fees and Charges

We reserve the right to change our subscription fees, plans, or adjust pricing for our Products and Services or any components thereof in any manner and at any time, at our sole discretion. Except as otherwise expressly provided in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

3. CANCELING MEMBERSHIP

3.1 Cancellation by Us

We reserve the right to suspend or terminate your access to the Products and/or Services if we determine, in our sole discretion, that you have engaged in fraud or violated any of your obligations under these Terms. Violations may include, but are not limited to, unauthorized copying, downloading, or recording of our audio or video content from the Products or Services. Such termination or suspension may take effect immediately and without prior notice. In the event that we terminate your account, you may be eligible for a pro‐rata refund of any prepaid fees for the Services. Your access to the Products or Services may also be terminated if the relationship between DVI and your employer or provider ends. In such cases, DVI will make reasonable efforts to provide you with at least seven (7) days' notice before terminating your access.

3.2 Cancellation by You

(a) You may cancel your Subscription at any time. Cancellation of a monthly Subscription will take effect at the end of the current monthly period, and cancellation of an annual Subscription will take effect at the end of the current annual period. To cancel your Subscription, please email info@reyou.com.

(b) If you purchased your Subscription through the Apple iTunes Store or our iPhone application, you may cancel your Subscription by disabling automatic renewal of paid In‐App Subscriptions in your iTunes Account settings. If your Subscription was purchased through the Google Play Store, you may cancel automatic renewals in the Google Play app's account settings under Subscriptions or as per the current process outlined by Google Play. Subscriptions purchased via Apple or Google may be subject to their respective additional Terms.

3.3 Cancellation Fees

Certain features of the Products and Services may incur cancellation fees, as disclosed in advance through the Products and Services. For instance, such fees may apply if you miss a scheduled therapy or psychiatry session without providing the required advance notice. We may suspend or terminate your access to the Products and Services if any amount owed remains unpaid. In addition to the amount due, delinquent accounts may incur fees associated with chargebacks or collection efforts, including collection fees.

4. PROHIBITED USE OF THE PRODUCTS AND SERVICES

By using the Products and Services, you agree not to:

(a) Copy, store, reproduce, transmit, modify, alter, reverse‐engineer, emulate, decompile, or disassemble the Products or Services in any way, or create derivative works of the Products or Services.

(b) Record any part of the Services, including coaching, therapy, or psychiatry sessions.

(c) Use the Products or Services, or any part thereof, to create any tool or software product that could be used to develop software applications.

(d) Upload, post, email, or otherwise transmit any material containing software viruses or any other computer code, files, or programs designed to interrupt, harm, damage, destroy, or limit the functionality of any computer software, hardware, or equipment connected to the Products or Services.

(e) Interfere with the servers or networks connected to the Products and Services or violate any procedures, policies, or regulations of networks connected to the Products or Services.

(f) Access the Products or Services in an unauthorized manner, including any violation of applicable local, state, national, or international law.

(g) Circumvent any territorial restrictions applied to the Products or Services.

(h) Engage in any fraudulent activity, including impersonating another person or entity while using the Products or Services.

(i) Conduct yourself in an offensive manner while using the Products or Services, including but not limited to bullying, harassment, hate speech, or degrading comments based on race, religion, culture, sexual orientation, gender or identity, age, disability, or serious disease.

(j) Use the Products or Services for any illegal, immoral, or harmful purpose, including without limitation unlawful, harassing, libelous, invasion of privacy, abusive, threatening, or obscene purposes.

(k) Use the Products or Services for scientific research, analysis, or evaluation without express written consent from DVI.

(l) Rent, lease, loan, make available to the public, sell, or distribute the Products or Services in whole or in part, except for your personal use.

(m) Violate or encourage others to violate any third‐party rights, including infringing or misappropriating any third‐party intellectual property rights.

(n) Sell or transfer access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials.

(o) Attempt to engage in any of the prohibited actions listed above or assist or permit any person in engaging in any of these actions.

We reserve the right to immediately terminate your access to the Products or Services if we believe, in our sole discretion, that you have engaged in any prohibited behavior or violated any laws or these Terms. In the event of such a breach, your right to use the Products and Services will cease immediately. We may also report any illegal activities to relevant law enforcement authorities and cooperate with them, including disclosing your identity.

Additionally, we reserve the right to contact emergency services if we believe, in our sole discretion, that you pose an imminent threat of harm to yourself, property, or others.

5. MATTERS OF OWNERSHIP

Subject to the limitations set forth in these Terms, DVI grants you a limited, non‐exclusive, non‐transferable, non‐sublicensable, revocable license to stream, download, and use the Products and Services for personal, non‐commercial purposes only. The Products, and any information derived therefrom, are proprietary and constitute the intellectual property, including valuable trade secrets, of DVI and its licensors and suppliers.

5.1 COPYRIGHT

(a) All materials, including but not limited to software and content, whether downloaded or not, contained within the Products and Services (“Materials”), are owned by DVI, PL, or our affiliates and/or third‐party licensors, unless explicitly stated otherwise. These Materials are valuable intellectual property, and except for any specific, limited license granted for the use of such Materials, you will not acquire any ownership rights to these Materials. The Materials may only be used as expressly permitted under these Terms or any other relevant terms and conditions provided to you, and only with our prior written consent.

(b) The Materials within the Products or Services are the property of DVI, PL, or third‐party licensors. Each such licensor retains the right to directly enforce the provisions of Section 11 against you, without prejudice to any and all other rights and remedies available to them.

(c) Audio or video content provided by DVI or PL that is not explicitly indicated as downloadable may not be downloaded, copied, or otherwise transferred from the Products, Services, or any Device.

(d) The Products and Services are intended solely for your personal, non‐commercial use. Any commercial advertisements, affiliate links, or other forms of solicitation are subject to removal by us without notice and may result in the termination of your privileges. You must not use any part of the Materials for commercial purposes without obtaining a written license from us. Unauthorized copying, distribution, republishing, or transmission of the Materials, without our prior written consent, is strictly prohibited. Any such unauthorized use or violation of these Terms will result in the immediate and automatic termination of your rights to use the Products and Services and may subject you to legal liability. We reserve the right to take appropriate legal action for any illegal or unauthorized use of the Products or Services.

(e) You are strictly prohibited from downloading, displaying, copying, reproducing, distributing, modifying, performing, transferring, creating derivative works from, selling, or otherwise exploiting any content, code, data, or materials available through the Products or Services, unless expressly permitted under these Terms. Unauthorized use of the Products or Services, r the content, code, data, or materials therein, may constitute a violation of copyright and other laws of the United States, other countries, and applicable state laws. Such unauthorized use may result in civil or criminal liability. DVI & PL will enforce its intellectual property rights to the fullest extent of the law, including pursuing criminal prosecution.

5.2 TRADEMARKS

DVI, PL, the DVI logo, and all other DVI and PL product or service marks are trademarks of DVI or PL, respectively. All intellectual property, trademarks, logos, images, product names, and company names displayed or referenced in the Products or Services are the property of their respective owners. No provision in these Terms grants you any license or right to use, alter, remove, or copy such materials. Any misuse of the trademarks displayed or referenced in the Products or Services is strictly prohibited and will result in the enforcement of trademark rights by DVI and PL to the fullest extent of the law.

6. AVAILABILITY OF PRODUCTS AND SERVICES

While we strive to provide you with the best possible service, we do not guarantee that the Products and Services will meet your specific requirements or that they will be free of defects. If you encounter any issues with the Products or Services, please report them to us at info@reyou.app. We will assess your concern and, where appropriate, take corrective action. In some cases, we may need to suspend access to the Products and Services to address the issue. We are not liable for any unavailability of the Products and Services for a commercially reasonable period of time.

Your access to the Products and Services may be intermittently restricted to allow for necessary repairs, maintenance, or the introduction of new features, Services, or Products. We will make reasonable efforts to restore the Products and Services as quickly as possible. If the Products and Services are unavailable, our standard order and cancellation deadlines remain in effect; please inform us of any changes to your order by emailing info@reyou.app.

We reserve the right to modify or discontinue, either temporarily or permanently, any feature, component, or content of the Products or Services at any time and without prior notice to you. We may also determine the timing and content of software updates, which may be automatically downloaded and installed without prior notice. Other than the pro rata refund of any prepaid fees as outlined in Section 3.1, you agree that DVI and its affiliates will not be liable for any unavailability, modification, suspension, or discontinuance of any feature or component of the Products and Services.

Notwithstanding any provisions to the contrary in these Terms, DVI's affiliated providers and partners will retain records related to your use of the Services for a period of ten (10) years from the date of your last use of the Service or as required by Applicable Law. Access to these records will be provided in accordance with Applicable Law.

7. USER MATERIAL

7.1 The Products and Services may allow you to submit material to us, such as comments, images, or other content in certain features of the Product or Services. "User Material" refers to any publicly available content of any kind that you submit to us, including text, files, images, photos, video, audio, and other creative works. User Material does not include your account information, purchase records, or usage data related to the Products or Services. By reviewing or submitting User Material, you agree to comply with these Terms. If you do not wish to comply, you should not submit User Material.

7.2 We do not routinely review all User Material submitted by users. However, we reserve the right to monitor any information transmitted or received through the Products or Services for operational and other purposes. If we choose to monitor this information, we assume no responsibility or liability for any content or any loss or damage resulting from its use. Any information monitored may be examined, recorded, copied, and used in accordance with our Privacy Policy. We are not responsible for the content of User Material provided by you or any other user and do not necessarily endorse any opinions contained in such material. We make no warranties or representations regarding the legality, accuracy, or reliability of User Material.

7.3 We reserve the right, at our sole discretion, to refuse to post, remove, or edit any User Material. We may do this with or without prior notice.

7.4 We may link User Material or portions of it to other materials, including content submitted by other users or content created by DVI, PL or third parties. We may use User Material for internal business purposes, such as analyzing trends, promoting, marketing, or advertising DVI. You acknowledge that DVI/PL may indirectly benefit commercially from the use of your User Material.

7.5 Each time you submit User Material, you represent and warrant that:

(a) You own or have the right to submit the User Material, and your submission does not infringe any third‐party rights, including intellectual property rights, privacy rights, publicity rights, confidentiality, or contractual rights.

(b) The User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, does not encourage criminal behavior, does not give rise to civil liability, and does not violate any laws or is otherwise inappropriate.

(c) The User Material does not advertise any product or service or solicit any business.

(d) The User Material does not identify any person under the age of 18. If the User Material identifies a person over the age of 18, you have obtained that person's consent for such identification, and you are not impersonating any other person.

(e) You will not collect email addresses of users for the purpose of sending unsolicited email.

(f) You will not engage in criminal or tortious activities, such as fraud, spamming, sending viruses or harmful files, copyright infringement, patent infringement, or trade secret theft, nor will you impersonate another user or person.

(g) You will not use automated systems, such as scripts, to manipulate our content.

(h) You will not access, tamper with, or use non‐public areas of the Products or Services, DVI's computer systems, or the technical delivery systems of DVI's providers.

(i) Except as necessary to maintain your computer security, you will not attempt to probe, scan, test the vulnerability of the Products or Services or any other DVI system or network, or breach any security or authentication measures.

7.6 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.

7.7 User Material is not considered confidential, and you agree not to submit any content in which you have an expectation of privacy. Although we do not claim ownership rights over your User Material, by submitting it, you grant DVI an irrevocable, perpetual, non‐exclusive, royalty‐free, worldwide license to use, telecast, copy, perform, display, edit, distribute, and otherwise exploit your User Material for any purpose, including commercial, promotional, and advertising purposes, in any media now known or hereafter developed, and to create derivative works of, or incorporate into other works, your User Material. DVI may sublicense these rights without any payment to you or any third party. You acknowledge that once your User Material leaves the Products, DVI has no control over how it is used and that others may duplicate your material on other sites or platforms. You agree to indemnify DVI and its affiliates for any claims arising from or related to your User Material.

7.8 Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products and Services or User Material that you provide to us (collectively, “Submissions”) will be treated as non‐proprietary and non‐confidential. By transmitting, uploading, posting, e‐mailing, or otherwise submitting Submissions to the Products and Services, you grant, and you represent and warrant that you have the right to grant, to DVI an irrevocable, perpetual, non‐exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained in the Submissions, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that DVI has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify DVI and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

8. THIRD PARTY TERMS AND LINKS

8.1 Third‐Party Services:

We may, at times, engage third‐party providers to support the Products or Services offered to you, or to directly provide Services to you. When using a third‐party's products or services, you will be subject to their applicable terms of service and privacy policy, which will be presented to you at the time of engagement with their product or service. If there is a conflict between these Terms and the third‐party terms of service, the third‐party terms will prevail. We reserve the right to change third‐party providers at our sole discretion.

8.2 Integration with Third‐Party Services:

The Products and Services may integrate with or be provided in connection with third‐party products, services, and content. As part of this integration, we may transfer your information to the applicable third‐party service. These third‐party services operate independently of us, and, to the fullest extent permitted by law, we are not responsible for how these third parties use your exported information.

8.3 Links to Third‐Party Websites or Services:

We may provide links to third‐party websites or services for your convenience. Access to these websites or services is at your own discretion and is provided for informational purposes only. We do not review, endorse, or take responsibility for any third‐party websites or services, including, but not limited to:

  • (a) Their availability;
  • (b) Their privacy practices;
  • (c) The content, advertising, products, goods, materials, or resources available on or through them;
  • (d) Any use made by others of these websites or services.
  • We are not liable for any damage, loss, or offense caused or alleged to be caused by or in connection with the use of or reliance on such websites or services.

    8.4 Linking to Our Products and Services:

    You may link to our homepage, provided that your link is fair, legal, and does not harm our reputation or take advantage of it. You must not establish a link in a manner that suggests any form of association, approval, or endorsement on our part where none exists. You may not establish a link from any website that is not owned by you. The Products and Services must not be framed on any other website, nor may you create a link to any part of the Products or Services without our prior written consent. We reserve the right to withdraw linking permission with written notice. Any website from which you are linking must comply with the standards set out in these Terms. If you wish to make use of any material on or in the Products or Services other than as expressly permitted above, please send your request to info@reyou.app.

    9. ASSUMPTION OF RISK

    By granting you the right to use the Products or Services, DVI Entities (as defined in Section 15) do not assume any obligation or liability regarding your health or physical activity. In no event will DVI Entities be liable for any death or bodily injury that you suffer or that you cause to any third party in connection with your use of the Products or Services or any related activity. You are solely responsible for your use of the Products and Services, your health, and any medical conditions or treatments related thereto. DVI Entities will not be liable for any unauthorized disclosure of your personally identifiable information caused by your actions or omissions.

    EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE THAT:

  • (a) DVI Entities assume no liability for any survey, research, program, or study with which you may be using the Products or Services.
  • (b) DVI Entities are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through or generated by the Products.
  • 10. WARRANTIES AND DISCLAIMERS

    10.1 "AS IS" Basis:

    The Products and Services, along with all materials and content available through them, are provided "as is" and on an "as available" basis. DVI disclaims all warranties of any kind, whether express or implied, relating to the Products and Services and all materials and content available through them, including:

  • (A) Any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non‐infringement.
  • (B) Any warranty arising out of course of dealing, usage, or trade.
  • DVI does not warrant that the Products and Services or any portion thereof, or any materials or content offered through them, will be uninterrupted or free of errors, viruses, or other harmful components. DVI does not warrant that any of these issues will be corrected. No advice or information, whether oral or written, obtained by you from the Products or Services, DVI Entities, or any materials or content available through them, will create any warranty regarding DVI Entities or the Products and Services that is not expressly stated in these Terms.

    Your Responsibility:

    You understand and agree that you use any portion of the Products and Services at your own discretion and risk, and that DVI is not responsible for any damage to your property (including your computer system or mobile device) or any loss of data. The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by law.

    Consumer Rights:

    Applicable law in some jurisdictions may imply warranties, conditions, or guarantees or impose obligations that provide you with certain consumer rights. These Terms are not intended to restrict those rights, and DVI does not disclaim any warranty or other right that it is prohibited from disclaiming under applicable law.

    10.2 Physical Activity:

    If you participate in any movement content featured in the Products or Services, you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician before beginning or modifying any exercise program, especially if you have a prior injury, a history of heart disease, high blood pressure, or other chronic illnesses or conditions. You acknowledge that DVI has advised you of the necessity of doing so.

    11. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

    11.1 Compliance with Copyright Law:

    We are committed to complying with copyright and related laws and require all users of the Products and Services to do the same. You may not store any material or content on, or disseminate any material or content over, the Products or Services in any manner that infringes third‐party intellectual property rights, including rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.

    11.2 Reporting Infringement:

    If you believe a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon receiving a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in question. Our designated agent to whom you should address such notice is listed below.

    12. ELECTRONIC COMMUNICATIONS CONSENT

    DVI utilizes electronic communications such as email, text messaging, push notifications, and other methods (“Electronic Communications”) to efficiently exchange information with you related to our Products and Services. This includes product information, appointment reminders, and survey links. By using the Products and Services, you agree and consent to the use of Electronic Communications as an acceptable form of communication.

    SMS/Text Messaging Consent:

    By providing your phone number, you consent to receive SMS/text message communications from us related to the Products and/or Services, including marketing and promotional messages, even if your phone number is registered on any federal or state Do‐Not‐Call registry. Standard text messaging charges from your carrier may apply. You may opt‐out of receiving SMS/text message communications at any time by replying “STOP.” We will confirm your unsubscription, after which you will no longer receive SMS messages from us.

    Security and Compliance:

    You acknowledge that Electronic Communications may not be entirely secure, and there is potential for such communications to be accessed during storage or transmission. We will limit the amount and type of confidential information disclosed in unencrypted Electronic Communications in accordance with our privacy policy.

    Legal Compliance:

    Applicable laws may require some information or communications to be in writing. By agreeing to transact with us electronically, you acknowledge that all contracts, notices, information, and other communications provided to you electronically comply with legal requirements that such communications be in writing. You have the right to request a paper copy of these communications by emailing us at info@reyou.app.

    Updating Contact Information:

    To change your email address, phone number, or modify your communication preferences, please contact us at info@reyou.app. You can also unsubscribe from further communications by contacting us at the same email address. Please note that unsubscribing may impact your ability to use the Products or Services.

    Right to Discontinue or Modify Electronic Communications:

    We reserve the right to discontinue the provision of Electronic Communications or to change the terms and conditions under which we provide them. We will notify you of any such termination or change as required by law.

    13. INTERNATIONAL USE

    If you are located outside the United States, additional services provided by our partners or affiliates may be governed by additional terms and policies, which will be presented to you when applicable.

    Export Compliance:

    You may not export or re‐export any Products except in full compliance with all applicable laws. Access to the Products or Services, or any features thereof, is prohibited from countries or territories where such access is illegal, banned, or restricted, including in any sanctioned countries or territories.

    Jurisdictional Limitations:

    Some jurisdictions do not allow the exclusion of certain types of warranties and conditions or limitations on certain types of damages, so some of the disclaimers in Section 10 or limitations in Section 14.3 may not apply to you.

    14. DISPUTE RESOLUTION & BINDING ARBITRATION

    PLEASE READ CAREFULLY: This section requires you to arbitrate disputes with DVI and limits the manner in which you can seek relief, including a limitation on the right to litigate claims in court or before a jury or to participate in a class action.

    (a) Informal Dispute Resolution:

    We aim to address your concerns without needing formal legal proceedings. Before filing a claim against DVI, you agree to try to resolve the dispute informally by contacting us via email at legal@dvinstitute.com and providing us with your email address. We will attempt to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or DVI may proceed with formal proceedings as per these Terms.

    (b) Applicability of Arbitration Agreement:

    All disputes arising out of, relating to, or in connection with these Terms or your use of the Products and Services, including claims related to privacy or data security, will be resolved through binding arbitration on an individual basis. However, you and DVI retain the right: (1) to bring an individual action informally or in small claims court, or (2) to seek injunctive or other equitable relief in a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. All submissions to the arbitrator, proceedings, and awards shall be confidential, except as may be required in judicial proceedings relating to the arbitration or as otherwise required by law.

    (c) Enforceability:

    If any portion of this Section 14 is found to be unenforceable or unlawful, that provision will be severed, and the remainder of this Section 14 will remain in full force and effect.

    (d) Opt‐Out:

    You may opt‐out of this arbitration agreement. If you choose to do so, neither you nor DVI can compel the other to arbitrate. To opt‐out, you must notify DVI in writing within 30 days of first becoming subject to this arbitration agreement. Your notice must include your name, mailing address, and the email address used to set up your account (if applicable), along with a clear statement that you wish to opt‐out of this arbitration agreement. Send your opt‐out notice to info@reyou.app. Opting out will not affect any other portion of these Terms.

    (e) Arbitration Agreement Survival:

    This arbitration agreement will survive the termination of your relationship with DVI.

    15. GENERAL

    15.1 ASSIGNMENT BY US:

    DVI & PL reserve the right to transfer its rights and obligations under these Terms to any company, firm, or person at any time, provided that such transfer does not materially affect your rights. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you, and no third party is entitled to benefit from them except as expressly set out herein. DVI may transfer its rights and obligations under these Terms to any company, firm, or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

    15.2 INDEMNITY

    To the fullest extent permitted by law, you are responsible for your use of the Products and Services and agree to defend and indemnify DVI, PL, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, and any other related entities (“Entities”) against any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising out of or connected with:

    (a) your unauthorized use or misuse of the Products or Services;

    (b) your violation of these Terms, any applicable laws, or third‐party rights (including intellectual property rights); or

    (c) any dispute or issue between you and any third party.

    You agree to cooperate with DVI & PL in the defense of any claim. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, without limiting your indemnification obligations.

    15.3 LIMITATION OF LIABILITY

    To the fullest extent permitted by law, the Entities shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, goodwill, or any intangible losses) arising out of or related to your use or inability to use the Products and Services.

    Except as provided in the arbitration clause and to the fullest extent permitted by law, the total liability of the Entities to you for all claims arising out of or related to the use of the Products and Services is limited to the greater of:

    (a) the amount you have paid to DVI for access to the Products and Services in the 12 months prior to the event giving rise to the claim, or

    (b) $10,000 whichever is lower.

    Each provision of these Terms that limits liability or provides for an assumption of risk is intended to allocate risks between the parties and is a fundamental element of the agreement between the parties. These provisions are severable and will apply even if any limited remedy fails its essential purpose.

    15.4 NO WAIVER

    If DVI or PL delays or fails to exercise any right under these Terms, it does not constitute a waiver of that or any other rights.

    15.5 FORCE MAJEURE

    We will not be liable for any lack of performance, unavailability, or failure of the Products and Services, or for any delay or failure to comply with these Terms due to circumstances beyond its reasonable control.

    15.6 NOTICES

    All notices you send to DVI must be sent to legal@dvinstitute.com. DVI may send notices to you at the email address provided during registration or through other specified means. Notices will be deemed received immediately when posted on the Products or when sent electronically. Proof of email delivery will be sufficient to establish that notice was sent to the specified email address.

    15.7 ENTIRE AGREEMENT

    These Terms, along with any additional terms or policies referred to herein, constitute the entire agreement between you and DVI regarding the Products and Services. This agreement supersedes all prior discussions, correspondence, negotiations, and understandings between the parties. Neither party relies on any representation or warranty not set out in these Terms or the referenced policies, and both parties agree that liability for such representations is limited to breach of contract. This does not limit liability for fraud.

    15.8 THIRD PARTY RIGHTS

    No person who is not a party to these Terms shall have any rights under or in connection with these Terms, except as expressly stated in Section 11 (DMCA).

    15.9 EXCLUSIVE VENUE

    If either party is permitted to initiate litigation under these Terms, both you and DVI agree that all claims and disputes arising out of or relating to the Terms or the use of the Products and Services will be litigated in a jurisdiction selected by DVI on a case‐by‐case basis.

    15.10 CHOICE OF LAW

    These Terms and any disputes arising out of or related to them, including tort claims, shall be governed by the laws of Canada, excluding its conflict‐of‐laws principles.

    15.11 SEVERABILITY

    If any provision of these Terms is found to be unenforceable, that provision will be severed, and the remaining provisions will remain valid and enforceable.