Terms & Conditions

These Terms and Conditions of Use (“Terms and Conditions”) regulate access to and use of the website dotmoovs.com (hereinafter referred to as the “Website”) and the mobile application available on the Apple App Store and the Google Play Store as “dotmoovs” (hereinafter referred to as the “App”). These services are provided by Dotmovs OÜ, with a registered office at Harju maakond, Tallinn, Kristiine linnaosa, Keemia tn 4, 10616  (hereinafter referred to as “we”, “us”, “our”, or the “Company”).

The provisions outlined in these Terms govern the relationship between you (the user) and the Company regarding your use of the Company’s mobile applications, websites, and related services, including all information, text, graphics, software, and services made available to you (collectively referred to as the “Service” or “Content”). This agreement encompasses both the Website and the App, ensuring a cohesive understanding of your rights and obligations while engaging with our digital properties and services.

If you are unsure how to cancel a subscription or a free trial, please visit the Apple support website, Google Play help (or any other app stores support pages), or our website depending on where you have purchased your subscription. Deleting the app does not cancel your subscriptions and trials. Please review these policies prior to making purchases.

If you have any questions about the Terms or our Services, please contact us at [email protected].

Please read the Terms carefully. By accessing or using our Services, you acknowledge that you accept and agree to be bound by these Terms.

Although we want to provide our services to the most diverse set of users, keeping it open and inclusive means we need it to be safe, secure and lawful. We thus enforce restrictions on our platforms.


1- Registration and Eligibility

In order to use certain features of the Service, you may need to register your profile ("Profile") and provide certain information about yourself as prompted by the registration form.

Minimum Age. You must be at least 18 years old to use and access the App. Our Services are not directed at, or intended for, children under 18 years old. If you are aware of anyone under 18 using the Services, please contact us at [email protected] and we will take the required steps to delete such information and/or delete the account.

Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
The Company reserves the right to suspend or terminate your Profile, or your access to the Service, with or without notice to you, in the event that you breach our Terms.

2- Important Disclaimers

Disclaimer of Medical Advice:
Our Services do not provide medical advice, diagnoses, treatments, or any healthcare services such as counselling, testing, evaluation, prescription, or therapy related to exercise, nutrition, weight loss, wellness, mental health, or the prevention, diagnosis, or treatment of any physical or mental condition. The content and tools offered are for educational purposes only and are not a substitute for professional medical advice or services.

Assumption of Risk: You acknowledge that all physical activity involves inherent risks, including the risk of injury. By using our Services, you assume full responsibility for these risks and agree to not hold us liable for any harm that may come from your use of our Services. Before engaging in any physical activity or making dietary changes, consult with a qualified healthcare professional to ensure it is safe and appropriate for you.

Consultation with Healthcare Professionals: It is crucial that you consult with your physician or another qualified health professional before starting any new exercise, nutrition, or wellness program, especially if you have existing health conditions, are pregnant, nursing, or have specific dietary needs. Discontinue any exercise that causes pain, severe discomfort, or dizziness, and seek immediate medical attention if necessary.

Achieving Results: The effectiveness of health, fitness, and nutritional programs varies from person to person. We make no guarantees regarding the results you will achieve from our Services. Success depends on factors including your individual effort, motivation, health condition, and starting point.

Liability Limitation: We are not responsible for any health problems, injuries, or other damages that may result from your access to or use of our Services, including but not limited to the information, content, and any recommended activities. You hereby release us from any and all claims, known or unknown, arising out of your use of the Services.

User Responsibility: It is your responsibility to ensure that any exercises or dietary changes you undertake are safe for your specific health condition and fitness level. You should always read labels, warnings, and directions provided with any products before using or consuming them.

By accessing and using our Services, you acknowledge and agree to these disclaimers and assume all responsibility for your use of the Services.

3- Service

Privacy:
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. The Privacy Policy constitutes an integral part of the Terms. To the extent if there is an inconsistency between the Terms and the Privacy Policy, the Terms shall govern.

What you can and cannot do: While using our Services you agree not to violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing or using our Services.

4- APP STORES, THIRD PARTY ADS, OTHER USERS

You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple App Store, and/or other app stores (collectively, "App Stores" and each, an "App Store").

You agree to pay all fees charged by the App Stores in connection with the App. You agree to comply with, and your licence to use the App is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third party beneficiary of these Terms and will have the right to enforce these Terms.

The Services may give you access to links to third-party websites, apps, or other products or services ("Third-Party Services"). We do not control Third-Party Services in any manner and, accordingly, do not assume any liability associated with such Third-Party Services. You need to take appropriate steps to determine whether accessing a Third-Party Service is appropriate, and to protect your personal information and privacy in using any such Third-Party Services.

5- SUBSCRIPTION FEES AND PAYMENT

Certain features of the Service may be offered on a subscription basis for a fee. You may purchase a subscription directly from the Company Website or through an App Store.

Dotmoovs accepts no liability whatsoever for any delay or inability to process the subscription due to errors or inadequacies in the data provided by the Subscriber.

Please note that uninstalling the App or closing your account will not automatically stop your subscription – you must actively cancel the subscription. If you have subscribed the Services through Apple App Store, Google Play Store or through the Website you can only cancel your subscription through that channel.

We may offer a trial subscription for the Service. Trial provides you access to the Service for a period of time, with details specified when you sign up for the offer. Unless you cancel at least 24 hours before the end of the free trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service. It is ultimately your responsibility to know when the free trial will end. We reserve the right, in our absolute discretion, to modify or terminate any free trial offer, your access to the Service during the free trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple free trials.

The Service and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue, however, we reserve the right to disable or terminate your access to the Service (and may do so without notice).

Subscriptions purchased via an App Store are subject to such App Store's refund policies. This means we cannot grant refunds. You will have to contact App Store support.

If you purchased a subscription or enabled trial on our websites:To avoid renewing the subscription, the Subscriber must cancel it via the billing platform in which the subscription was purchased on Website or App. After you cancel the subscription, Dotmoovs will send you an email notification confirming the cancellation.

If you purchased a subscription or enabled trial on the App Store:You may cancel a free trial or a subscription anytime by turning off auto-renewal through your Apple ID account settings. To avoid being charged, cancel the subscription in your Apple ID account settings at least 24 hours before the end of the free trial or the current subscription period.

If you purchased a subscription or enabled trial on Google Play:You may cancel a free trial or a subscription anytime by turning off auto-renewal through your Google Play account settings. To avoid being charged, cancel the subscription in your account settings at least 24 hours before the end of the trial or the current subscription period.

If you are a consumer based in the EEA or Switzerland, you have an automatic legal right to withdraw from contracts for purchases of Services. However, when you make a purchase of a single item of digital content (such as a video recording or a pdf file) you expressly agree that such content is made available to you immediately and you, therefore, lose your right of withdrawal and will not be eligible for a refund. By signing up for our Service which is not a single item of digital content and is provided on a continuous basis (such as subscriptions to the App) you expressly request and consent to an immediate supply of such Service. Therefore, if you exercise your right of withdrawal we will deduct from your refund an amount that is in proportion to the Service provided before you communicated to us your withdrawal from the contract.

When making a subscription, the Subscriber chooses the types of Services desired, the type and duration of the subscription, as well as the payment method.

By subscribing via the Website or App, the Subscriber undertakes to:
- Not submit any false or fraudulent order/subscription.
- Not misuse the Website or App by, inter alia, intentionally introducing malware or any other harmful or damaging technology (including web scraping).

After reading these Terms and Conditions, the Subscriber confirms to have read, understood and accepted them.

6. Free Trials

We may make available free trials of our Services or any other promotional offers ("Free Trial").

The Free Trial gives you access to our Services for a limited period of time, as specifically detailed when you sign up for the offer.

To sign up for the Free Trial, you will need to select your preferred payment method and provide the relevant payment information.

The Subscriber will not be charged any subscription fees until the Free Trial period ends.

7. Refunds

If you purchased a subscription or enabled trial on App Store:
If you are eligible for a refund, you'll have to request it directly from Apple. To request a refund, follow these instructions from the Apple support page.

If you purchased a subscription or enabled trial on Google Play: If you are eligible for a refund, you'll have to request it directly from Google. To request a refund, follow these instructions from the Google’s support page.

If you purchased a subscription or enabled trial on our websites: We provide refunds at our own discretion and subject to laws and our policies that may be published from time to time. Refund will be provided if we find the request acceptable.

Please note that after your subscription period expires, we will not be able to refund you as the service will be deemed consumed in full, unless otherwise provided for by applicable law.

8. Changes to the Terms

We may make changes to the Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the "Effective Date" section above. We may also attempt to notify you by providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.



9.How you can't use dotmoovs.

- You cannot provide us with inaccurate information - although you are not obliged to disclose more than the mandatory registration information, any information you provide to us must be accurate and updated. Furthermore, you may not impersonate anyone or pretend to be someone you are not.

- You cannot use our platform to do anything unlawful, fraudulent or for illegal or unauthorised purposes.- You cannot violate or encourage anyone to violate our Terms and policies.- You cannot take any action that interferes or impairs the intended operations of dotmoovs.

- You cannot sell, modify, license or create derivative works from any information or data in our platforms.- You cannot reverse engineer our products or attempt to enter our systems without permission.

- You cannot post or use someone else’s information or data, or do anything that infringes IP rights, including but not limited to copyright and trademark infringement.- You cannot use the dotmoovs brand, logos or any content owned by us without our written permission.

10.Permissions you grant us

- A license to use your content. While we do not claim any ownership of your content, we need a license from you to run our services. When you share and upload content that is protected by intellectual property rights you hereby grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, distribute, modify, copy, use, publicly perform and display and create derivative works of your content (as per your privacy settings). The license is valid until your content is deleted from dotmoovs’ systems (e.g. by deleting your account). To know more about your Privacy and how we handle your data please head to our Privacy Policy.

- Permission to use your data and show it to partners and clients. In order to run our service we collect data such as your username, profile picture, relationship with other users and accounts, ads and sponsored content, as well as app usage information. You give us permission to show you ads that we think may be relevant to you and to use your data to inform what ads to show to you. We may at times share with partners aggregated data on user behaviours, but never at an individual level and always keeping strict levels of anonymisation, by design.

- Permission to automatically download and install updates to our app on your mobile.

11.Your use of music

- We provide you with music within our service and have sought all necessary licences to do this, or, on the other hand, we look for and use the services of platforms that hold the respective music licenses and provide the service of sub-licensing them

- You are responsible for all the content you post. This includes any music within that post. If this has been provided by us as part of the service we provide then we have obtained the appropriate licences for it. If this is music you have added to your content then you must ensure you have obtained the appropriate licences. 

- Use of music for commercial or non-personal purposes is strictly prohibited.

- You cannot create a music listening experience through our services, for yourself or others.

- We reserve the right to remove any unauthorised content. This means that if your posts and videos contain music owned by someone else your content may be reviewed by the rights owner and we may delete or mute it at our discretion.

- There may be geographical restrictions on the music content you can access and post with.

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