TERMS OF USE

The following terms of service (“Terms”) constitute an agreement between you and 3MotionAi Inc., (together with all its affiliates, “3MotionAi”, or “we,” “us,” “our”). These Terms govern your access, and/or use of all (A) software programs distributed, published or otherwise made available by 3MotionAi including, but not limited to 3MotionAi’s exercise management and training software (“Software”) (ii) all updates and upgrades to the Software; and (B) services made available by 3MotionAi, including but not limited to any services available on the 3MotionAi’s website and services accessed through or provided in relation to the Software (the “Services”).  “You” means any adult user of the Software, or any parent or guardian of any minor whom you allow to use Software or the Services, and for whom you will be held strictly responsible. If you are a minor, you must obtain the permission of your parent or guardian prior to using the Software or Services. If you do not obtain such permission, please do not use the Software or Services.  

IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SOFTWARE. 

‍General.  

Wherever used herein, a pronoun in the masculine gender shall be considered as including the feminine gender unless the context clearly indicates otherwise. The Section and sub-Section headings in this Agreement are for convenience of reading only and may not to be used or relied upon for interpretive purposes. BY AGREEING TO THESE TERMS, YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE (WHICH IN MOST STATES IS 18 YEARS OLD) AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT AND BE BOUND BY THE TERMS. IF YOU ARE UNDER THE AGE OF MAJORITY OR CANNOT LAWFULLY ENTER INTO A CONTRACT, YOU MUST HAVE YOUR PARENT OR GUARDIAN REVIEW THESE TERMS AND THE PRIVACY POLICY, AND USE THE SITE, REGISTER OR PLACE AN ORDER ON YOUR BEHALF. You may not use the Software and any of its features for any illegal or unauthorized purpose, nor may you, in the use of the Software, violate any laws in your jurisdiction (including but not limited to copyright laws). 

‍Privacy.  

To use the Software, you will be required to provide us with certain information about yourself including some types of personally identifiable information, such as your full legal name, phone number, address, and email address (the “User Personal Data”). You represent that the User Personal Data you provide to us is true, valid, complete, and up to date in all respects. Should any of the User Personal Data you provided change, please login to your account and update such information directly on the Software or contact us. 3MotionAi will do everything in its power to protect the User Personal Data. In cases where it is possible for a third party to gain access to the User Personal Data, you hereby agree that you will not have any claim, argument, or demand towards 3MotionAi and/or its representatives. It is clarifying that 3MotionAi will not make any use of the User Personal Data contrary to the purpose for which the User Personal Data was provided for, and any User Personal Data that you provide to us is subject to our Privacy Policy. 

‍Rights and Ownership.  

3MotionAi grants you a license to use the Software and does not sell the Software. 3MotionAi reserves all rights that are not explicitly given to you herein. 3MotionAi grants you, and you hereby receive and accept a personal, non-exclusive, and non-transferable license to use the Software and any of its components, including any modification, repairs, improvements, or user manual of the Software. The Software and any part of it, as well as any other document and/or user manual, related to the Software, are the intellectual property of 3MotionAi and are in its sole ownership. All rights in the Software, including copyrights, trademarks, trade secrets, patents, distribution rights and any other intellectual property, are wholly owned 3MotionAi. This agreement does not grant the user of the Software any intellectual property rights in the Software and/or any part of it. 

‍Restrictions on Use.  

Except for the use permitted as set forth above, you agree not to perform the following actions: (a) use, modify or merge the Software, except as expressly permitted in this Agreement; (B) sell, grant a license (or sublicense), rent, transfer, encumber or share with another your rights under this Agreement; (C) adapt, modify, disassemble, assemble, reverse engineer, recompile or otherwise attempt to discover the source code of the Software; (D) install the Software on a server that allows access through a public network; (E) use a backup copy or archival copy of the Software (or allow after making use of such copies) for any purpose other than to replace an original copy of the Software that has been destroyed or damaged. 

‍CONTENT AND BEHAVIOR RULES.  

In addition to the general restriction specified in section 1 above, you are strictly prohibited from using the Software for any other purpose, including the promotion, marketing and advertising of businesses and/or other commercial entities and/or other private individuals. It is strictly forbidden to upload to the Software, illegal content or images that show violence, nudity (including partial nudity), discrimination, content that harms third parties, pornographic or sexually explicit content, content that includes defamation, bullying, harassment, abuse, threats, impersonation or intimidation of people or entities, confidential information, racism, Encouragement to commit an offense, harming 3MotionAi, irrelevant content, defamation, damaging reputation. It is hereby clarified that the details above are an example only and do not contain all types of prohibited behavior when using the Software, all as 3MotionAi shall decide. The responsibility for any content that a user uploads to the Software and all the results in this regard rests solely with the user. The user is solely responsible for all content and information that the user requests to upload to the Software, and the company is not responsible at all for such content. When you upload content to the Software, you are solely responsible for obtaining all the necessary licenses and consents from third parties, as far as they are required, to make use of their intellectual property, which will appear, if it will appear, in the content that you upload. Without above derogating, you are solely responsible for obtaining all necessary approvals and consents under the applicable privacy laws in Israel and around the world, in relation to the content you wish to upload to the Software, and you are the sole responsible for exercising any right granted by law to private individuals in accordance with privacy laws, including as required to remove their private information. It is hereby clarified that the aforesaid does not detract from the Company’s absolute right to act in accordance with its privacy policy. 

‍LIMITATION OF LIABILITY.  

3MOTIONAI DOES NOT WARRANT THAT THE USE OF SOFTWARE WILL MEET YOUR REQUIREMENTS AND NEEDS OR THAT SOFTWARE OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED. 3MOTIONAI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  

The Software is a software based on analysis of various metrics and its use is in the user’s sole responsibility, therefore 3MOTIONAI SHALL NOT BE LIABLE (WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE (INCLUDING  INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL AND LOST OR DAMAGED DATA OR DOCUMENTATION, SUFFERED BY ANY PERSON, ARISING FROM AND/OR RELATED WITH AND/OR CONNECTED TO ANY USE OF THE SOFTWARE, EVEN IF 3MOTIONAI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, 3MOTIONAI WILL NOT BEAR ANY RESPONSIBILITY DUE TO IMPROPER USE, HANDLING OR IMPROPER EXPOSURE OF THE SOFTWARE, OR USE OF AN OUTDATED VERSION OF THE SOFTWARE. 

The Software is provided “AS-IS” and you undertake that you reviewed the Software, found it suitable for your needs, and you agree to the functionality of the Software, and it is hereby clarified that the use of the Software may change from time to time, at any time by 3MotionAi sole discretion. It is hereby clarified that the content displayed in the Software has been collected from many sources. The company does everything in its power to provide professional, complete, and accurate information. However, 3MotionAi have no control over the sources of information and content (including the commercial information), and therefore the company does not bear any responsibility for the information and content published and/or guarantee its quality and/or correctness and/or integrity and/or accuracy and/or accuracy and/or adjust it for any purpose. 

‍The Software is not intended to convey or constitute any legal advice, recommendation, consultation, professional opinion, or a replacement for consulting with a professional, as required. The Software cannot be used as a basis for making legal, commercial, personal and/or other decisions by the user. Any action taken by the user based on such content is done at the sole discretion and responsibility of the user. 

‍3MotionAi strives to provide you the Software without any interruptions, but there may be various glitches and interruptions by third parties or others, or interruptions in the availability of the software, among other things due to technical and maintenance considerations, and accordingly 3MotionAi does not guarantee any monetary or other compensation will be given for the inability to make any use of the Software, including viewing the data. If, notwithstanding the terms of this Agreement, 3MotionAi will be found liable for damages, 3MotionAi’s overall liability will be limited to the price actually paid by the user for the Software. 

‍No Medical Advice.  

It is hereby clarified, and you acknowledge, that 3MotionAi is not providing any medical advice, and is not a health care provider, licensed or otherwise, and it does not practice medicine. 3MotionAi will not direct patient clinical care and treatment services or emergency patient issues. 3MotionAi cannot and will not assume responsibility for the direct medical care of any user, which shall, at all times remain the responsibility of the user. 

The Software and the results obtained from use of the Software, including any report, analysis or information generated from the Software and/or 3MotionAi do not constitute, and should not be a substitute for medical advice, and do not constitute a substitute for evaluation or medical treatment by a physician or health care provider, licensed or not. 

‍If you have a particular pre-existing medical condition, you should seek professional medical advice before using the Software. 

Data Handling and Storage. 

The data referred to in this section encompasses a range of information that we may collect and handle while providing our services through 3MotionAi. This data may encompass personally identifiable information (PII), including your full legal name, phone number, address, email address, and any other data that can be used to identify you personally. Additionally, it may include personal health information (PHI) as defined by applicable privacy laws, such as health-related metrics and records that you may voluntarily provide. We handle this data with the utmost care and prioritize its security and privacy in accordance with the terms outlined in our Privacy Policy and applicable data protection laws and regulations. You have the right to control and manage your data, as detailed in our Privacy Policy. 

1. Data Collection: To provide you with the full range of our services, we may collect and store several types of data, including but not limited to personally identifiable information (PII) and personal health information (PHI) as defined by applicable privacy laws. This data may include your full legal name, phone number, address, email address, and any health-related information you provide. 

1. Data Usage: Your data will be used solely to deliver and enhance our services, which may include health and fitness-related features. We may also use your data to communicate with you about the Service, respond to your inquiries, and provide important updates or notifications. 

1. Data Sharing: You acknowledge and agree that, in accordance with applicable laws and regulations, we may share your PII and PHI with third parties, including but not limited to healthcare professionals, for purposes such as improving the accuracy of health-related features and complying with legal requirements. We shall not be held responsible for any data shared in compliance with legal obligations. 

1. Data Security: We take data security seriously and employ industry-standard measures to safeguard your data against unauthorized access, disclosure, alteration, or destruction. However, no method of data transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security. 

1. Data Retention: Your data will be retained for as long as necessary to fulfill the purposes outlined in this agreement unless a longer retention period is required or permitted by law. You have the right to request the deletion of your data in accordance with our Privacy Policy. 

1. User Responsibilities: You are responsible for maintaining the confidentiality of your account information, including your login credentials. You should also ensure that any data you provide to us is accurate and up to date. You are encouraged to review our Privacy Policy for more information on your rights and responsibilities concerning your data. 

1. Third-Party Links: The Service may contain links or references to third-party websites or services. We have no control over these external websites and do not assume responsibility for their data handling practices. We encourage you to review the privacy policies of any third-party sites you visit through our Service. 

By continuing to use the Service, you consent to the collection, usage, sharing, and retention of your data as described in this section and in our Privacy Policy. If you have any concerns about your data or its handling, please contact us at [email protected]. 

‍Periodic subscription and payment.  

To use the software, the user must fill out an online registration form on the company’s website which is subject to these conditions (hereinafter: “the Registration Form”). Depending on the details that the user enters in the Registration Form, insofar as the user is a private user (i.e.: a personal trainer, and not an association and / or another company and / or corporation and / or business), the following provisions will apply: 

In the Registration Form the user will be entitled to choose one of the following two types of subscriptions: (1) a monthly subscription or (2) an annual subscription. 

‍Each of the above subscriptions will be automatically renewed unless the user has notified the Company of the cancellation with a written notice one week prior to the end of the subscription period. It is clarified that when automatically renewing a subscription, the user will be charged the relevant subscription fee. 

As opposed to a renewable monthly subscription, the company will send the user who selected an annual subscription a reminder of the end of the annual subscription period (in the range of between 30 to 60 days) before the end of the subscription period, and if the customer does not request cancellation before the end of the period then such subscription will be automatically renewed for an additional one-year period. 

Should the user give the company a cancellation notice within 14 days (about 2 weeks) of receiving the first registration confirmation for the selected subscriber, the subscription will be canceled, and the user will be returned his proportionate share for the remaining days for which he did not receive service. To the extent that the user submits a cancellation notice after the said 14 days (about 2 weeks), the subscription will be canceled at the end of the relevant subscription period, the relative portion of the user will not be returned, and the full payment will be charged for the relevant subscription period. It is further clarified that if the subscription is canceled for the first 14 days (about 2 weeks) and not due to a defect in the software and / or non-compliance of the software, the company will be entitled to demand a cancellation fee from the user in accordance with the law. 

It is hereby clarified that all issues related to the cancellation of the terms of use and payments as stated above in relation to a customer who is a corporation, will be settled through a separate agreement between such customer and the company. 

‍VIOLATION OF THE TERMS OF USE AND TERMINATION OF SERVICES. 

Violation of any of the terms of use by a user of the Software will result in such user’s permission to use the Software being automatically revoked. 3MotionAi reserves the right to revoke any user’s access to the Software at any time, with or without reason. Without derogating from the above, 3MotionAi may not allow the user to use the services at its sole discretion, in any of the following cases: 
 

1. If the user intentionally provided incorrect / false / misleading user information; 

1. If the user has committed an act or omission that harms or is likely to harm 3MotionAi or any third parties, including other users; 

1. If the user has used the Software to perform or attempt to perform, an act that is illegal, or an act that is presumed to be illegal as aforesaid, or to enable, facilitate, assist, or encourage the commission of such an act; 

1. If the user has a financial debt to 3MotionAi and/or to someone on its behalf and has not repaid his debt, even though the deadline for payment has passed; 

1. If the user violates any of the Terms.3MotionAi reserves the right to discontinue the use of the Software or modify the Software, in any way that 3MotionAi chooses, at any time, in its sole discretion, and without prior notice. 

INDEMNIFICATION. You hereby agree and undertake to defend, indemnify and hold harmless 3MotionAi its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from and in connection with a violation of this Terms by you and/or in respect of any claim, demand and/or lawsuit brought against 3MotionAi and/or anyone on its behalf, by you and/or any third party in connection with and/or as a result of your use of the Software. 

‍CHANGE OF THESE TERMS.  

3MotionAi reserves the right to change and update the Terms from time to time and without special notice, according to its sole discretion. 

You agree and acknowledge that the company may amend the Terms from time to time, and when you continue to use the Software after the company has changed the Terms, you agree to be bound by the updated Terms. Without derogating from the above, you review the Terms sometimes and be updated on changes in them, especially before each use of the software. You must pay attention to the last update date for these Terms, as shown below. 

‍CUSTOMER SERVICE.  

If you have questions about the Software, you are welcome to contact 3MotionAi via the contact button that appears on the 3MotionAi’s website or by contacting us at: [email protected]. We will try to provide you with an answer as quickly as possible from the moment of contact. 

‍GOVERNING LAW.  

In the event that any dispute arises, the user of the Software hereby gives his consent that this Terms, their interpretation, validity and breach shall be exclusively governed by the laws of Israel, without regard to its conflict of laws rules, and any claim or dispute with respect thereto shall be submitted to the exclusive jurisdiction of the competent courts of Ontario, Canada and each of the parties hereby submits irrevocably to the jurisdiction of such court to the exclusion of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement and is hereby disclaimed. All dealings, correspondence, and contacts between us shall be made or conducted in the English language. 

If and to the extent that a court or other judicial tribunal determines that a provision of these Terms is illegal and/or invalid, then this will not invalidate the other provisions of the Terms and/or the parts of the same provision that were revoked by the court. 

Last updated date of the terms of use: September 2023.