End User License Agreement
Last modified: April 24, 2026
THERALINQ MOBILE APPLICATION END USER LICENSE AGREEMENT
This Mobile Application End User License Agreement (this “Agreement”) is a binding agreement between you and Theralinq, LLC, or its successors or assigns (“Theralinq,” “Company,” “we,” “us,” or “our”). This Agreement governs your access to and use of the Theralinq mobile application (the “Theralinq App” or “App”), including any updates, features, functionality, content, documentation, and related services made available through the application (collectively, the “App”). The App may include free and paid features (including subscriptions) and may allow you to sign in using credentials provided by third parties such as Apple or Google.
This Agreement does not govern Theralinq’s public website located at www.theralinq.com (the “Website”), which is provided for informational and marketing purposes and does not provide account registration or login functionality or access to App functionality. Your access to and use of the Website is governed by Theralinq’s Website Terms of Use. In the event of any conflict between this Agreement and the Website Terms of Use, this Agreement controls solely with respect to the App, and the Website Terms of Use control solely with respect to the Website.
The App is licensed, not sold, to you.
BY CLICKING “I AGREE,” DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT OR, IF YOU ARE USING THE APP ON BEHALF OF A MINOR CHILD OR AN ORGANIZATION, THAT YOU HAVE AUTHORITY TO DO SO; AND (C) ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY IT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE APP.
THIS AGREEMENT INCLUDES A DISPUTE RESOLUTION AND ARBITRATION PROVISION AND A CLASS ACTION WAIVER IN SECTION 22.
If you are using the App on behalf of a clinic, practice, hospital, school, therapy provider, or other entity, you represent and warrant that you are authorized to bind that entity to this Agreement, and “you” includes both you and that entity.
1. Eligibility; Roles; Authority
1.1. The App is intended for use by:
(a) licensed or authorized therapists and other clinical personnel using the App in connection with their professional activities;
(b) parents, legal guardians, caregivers, or other authorized adults using the App in connection with a child receiving, seeking, or preparing for therapy-related support; including caregivers who (i) receive exercise assignments from a therapist, and/or (ii) complete an in-app questionnaire and receive suggested exercises generated using automated tools; and
(c) other users expressly approved by Theralinq.
1.2. You must be at least eighteen (18) years old to create an account and use the App, and the App is not intended for children to create accounts. If you are a parent or legal guardian, you may permit your child to participate in exercises under your supervision, but only you (or another authorized adult) may create and manage the account. For clarity, any in-app messaging or communication features are intended for use only between (i) a parent or legal guardian (or other authorized adult caregiver) and (ii) the child’s therapist or therapy provider; children may not access or use messaging features and may not send or receive messages through the App.
1.3. If you create, access, manage, submit, or review information relating to a child or other dependent, you represent and warrant that you are the child’s or dependent’s parent, legal guardian, or otherwise duly authorized to act on that person’s behalf and to provide any applicable consents. You further represent and warrant that you have provided any notices and obtained any consents required to share such information with Theralinq and, where applicable, the child’s therapy provider through the App.
1.4. If you register as a therapist or other clinical user, you represent and warrant that all professional credentials, licenses, registrations, and authorizations you submit are current, complete, and accurate, and that you will keep them current. Theralinq does not provide licensing verification services and does not guarantee that any credentials are valid or appropriate for any particular use.
2. Nature of the App; No Medical Care
2.1. The App is a software platform designed to support communication, coordination, exercise delivery (including access to a library of videos and therapist-assigned exercises), educational content, progress tracking, and related workflow between caregivers (parents/legal guardians or other authorized adults) and therapy providers. Any in-app messaging or communication features are intended solely for communications between a caregiver and a therapy provider and not for communications with children.
2.2. Theralinq is not a hospital, clinic, medical practice, therapy practice, or other healthcare provider, and does not itself provide medical care, occupational therapy, physical therapy, speech-language pathology services, diagnosis, treatment, medical advice, emergency services, or crisis services.
2.3. Any exercises, activities, videos, suggestions, routines, prompts, tracking features, reports, reminders, or content made available through the App are provided for informational, educational, and coordination purposes only. They are not a substitute for the independent clinical judgment of a qualified healthcare professional.
2.4. You are solely responsible for obtaining appropriate professional advice before beginning, stopping, or modifying any exercise, activity, or care plan. You are solely responsible for ensuring that exercises are performed safely, in an appropriate environment, with appropriate supervision, and consistent with any instructions provided by a qualified professional. You should stop any activity and consult an appropriate healthcare professional if pain, discomfort, adverse symptoms, or other concerns arise.
2.5. DO NOT USE THE APP FOR MEDICAL EMERGENCIES. If you believe you or a child is experiencing a medical emergency, call 911 or seek immediate emergency assistance.
2.6 The App may offer automated suggestions or exercise selections based on information you provide (for example, a child’s age and reported impairments). Such suggestions are generated by automated tools and may be inaccurate, incomplete, inappropriate, or not suitable for your circumstances. Automated suggestions are provided for informational and educational purposes only and are not medical advice, diagnosis, or treatment. You are solely responsible for (and assume all risk related to) verifying suitability before performing any exercise, including by consulting a qualified healthcare professional.
2.7. Not a Telehealth Platform. The App is not a licensed telehealth platform and does not facilitate real-time clinical consultations, diagnoses, or treatment. Any messaging or communication features within the App are provided for coordination and informational purposes only and do not constitute a provider-patient relationship, a clinical encounter, or telehealth services as defined under applicable federal or state law. If you need telehealth services, please contact a licensed healthcare provider directly.
3. License Grant
Subject to your compliance with this Agreement, Theralinq grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to:
(a) download, install, and use the App on a compatible mobile device that you own or control, solely for your internal personal or internal business use in accordance with this Agreement; and
(b) access and use the features, functionality, and content made available through the App. Access to certain features and content may depend on your account type (e.g., therapist vs. caregiver) and whether you maintain an active subscription.
4. License Restrictions
You will not, and will not permit any third party to:
(a) copy, reproduce, republish, distribute, or publicly display the App or any App content (including videos) except as expressly permitted by this Agreement;
(b) modify, adapt, translate, or create derivative works of the App;
(c) reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive source code, object code, trade secrets, or underlying ideas from the App, except to the extent such restriction is prohibited by applicable law;
(d) remove, alter, or obscure any copyright, trademark, or other proprietary notice;
(e) rent, lease, lend, sell, sublicense, assign, distribute, or otherwise transfer the App or make it available to unaffiliated third parties on a service bureau or timesharing basis;
(f) use bots, spiders, scrapers, or other automated means to access the App or to download, capture, or harvest video or other content;
(g) interfere with or disrupt the App or related servers, networks, or security features;
(h) upload malicious code, malware, or harmful content;
(i) use the App in violation of any law, regulation, professional rule, or third-party right;
(j) use the App to develop a competing product or service;
(k) access or use the App in connection with any high-risk activity where failure of the App could lead to death, personal injury, or severe property or environmental damage;
(l) record, stream, rebroadcast, transmit, or otherwise exploit the App’s video library or other content outside the App except as expressly authorized;
(m) use any messaging or communication feature of the App to communicate with anyone other than (i) a connected caregiver account (parent/legal guardian or other authorized adult) and (ii) the child’s therapist or therapy provider, as applicable, including by attempting to communicate directly with a child; or
(n) use the App to provide services to third parties (including time-sharing or service bureau use) except as expressly permitted by Theralinq in writing.
5. Accounts; Security
5.1. You may be required to create an account to use some or all features of the App. You agree to provide accurate, current, and complete registration information and to keep it updated.
5.2. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. If you use Apple ID, Google, or another third-party login method, you are responsible for maintaining the security of those credentials and your account with that provider.
5.3. You must promptly notify Theralinq at support@theralinq.com of any unauthorized access to, or use of, your account or any other security incident involving the App.
5.4. Theralinq may require identity verification, credential verification, or additional information before enabling certain features.
6. Caregiver Accounts; Child Information
6.1. If you use the App as a caregiver, you may submit information relating to a child, including a child's age (but not full birthdate), developmental or therapy milestones reached, therapy goals entered or shared through the platform, exercise completion, progress updates, and questionnaire responses such as reported impairments.
6.2. You represent and warrant that:
(a) you have all rights and permissions necessary to provide such information through the App;
(b) all information you provide is accurate to the best of your knowledge;
(c) you will use the App only for lawful and authorized purposes; and
(d) you will not provide information about a child if you lack authority to do so. You understand that information you submit may be shared with the child’s therapist or therapy provider if you choose to connect your account or accept an invitation within the App.
6.3. You acknowledge that exercise recommendations and therapy-related information may be individualized by a therapist and that safe and appropriate use depends on the child’s specific circumstances.
7. Therapist Accounts; Professional Responsibilities
7.1. Therapist users may be permitted to create profiles, enter professional-license information, assign exercises, invite caregivers, review progress, and communicate through the App with connected caregiver accounts (parents/legal guardians or other authorized adult caregivers). Therapists may not use the App to communicate directly with children, and children may not send or receive messages through the App. If Theralinq enables therapist-uploaded content features, such features may be limited, moderated, or disabled at any time.
7.2. Therapist users are solely responsible for:
(a) the accuracy, completeness, appropriateness, and legality of any exercise, instruction, content, or communication they create, upload, assign, or send through the App;
(b) complying with all applicable professional, licensing, telehealth, consent, privacy, recordkeeping, reimbursement, and supervisory requirements; including obtaining any patient/parental consents required to communicate and exchange information through the App; and
(c) ensuring that any advice or exercise assignment is appropriate for the applicable patient, client, or caregiver.
7.3. Theralinq does not monitor or validate the clinical appropriateness of therapist-generated content and does not assume liability for any therapist’s independent professional decisions.
7.4. Theralinq may suspend or terminate therapist access if credentials cannot be verified, expire, are restricted, or if we reasonably believe continued access may create legal, safety, or compliance risk.
8. User Content; Therapist-Created Content; Feedback
8.1. The App may allow you to upload, submit, post, transmit, or store text, photos, videos, audio, exercise descriptions, progress reports, messages, milestone data, and other content (“User Content”).
8.2. You retain ownership of your User Content, subject to the licenses granted in this Agreement.
8.3. You grant Theralinq a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify as technically necessary, transmit, display, and otherwise use User Content solely as necessary to operate, maintain, secure, improve, and provide the App and related services, and to comply with law. Without limiting the foregoing, Theralinq may use User Content to: (i) provide requested features, including generating automated exercise suggestions through closed-domain artificial intelligence based on questionnaire responses and child profile information, and aggregating and summarizing exercise performance scores and caregiver-reported feedback for review by therapists; (ii) prevent fraud and abuse; (iii) troubleshoot and provide customer support; (iv) perform analytics and improve the App; and (v) create aggregated and/or de-identified data that does not reasonably identify you or a child, which Theralinq may use for product improvement, research, benchmarking, and other lawful business purposes. Exercise scoring or performance data generated through app usage may be collected and used only in aggregated and de-identified form to identify patterns across similar presenting profiles and to develop or improve future exercise recommendations and content; such aggregate scoring data is not used to identify an individual child and is not treated as personal data for these purposes.
8.4. If you are a therapist and upload custom exercises, photos, videos, descriptions, or instructional materials, you represent and warrant that you own or control all rights necessary to upload and use that content and to grant the foregoing license.
8.5. You will not upload User Content that:
(a) infringes any third-party intellectual property, privacy, publicity, or other rights;
(b) is unlawful, misleading, defamatory, obscene, abusive, or harmful;
(c) contains protected health information or other personal information unless you are authorized to provide it and, where applicable, you have obtained all required consents and authorizations; or
(d) contains viruses, malware, or malicious code.
8.6. Theralinq may remove, block, or disable access to any User Content that violates this Agreement or presents legal, safety, or operational risk. For information about how Theralinq collects, uses, and retains data in connection with content moderation, please see the Privacy Policy.
8.7. If you provide suggestions, ideas, or feedback about the App, Theralinq may use them without restriction or obligation.
8.8. DMCA / Copyright Infringement. Theralinq respects intellectual property rights. If you believe that any content available through the App infringes your copyright, you may submit a written notice to Theralinq's designated agent at support@theralinq.com that includes: (i) identification of the copyrighted work claimed to be infringed; (ii) identification of the allegedly infringing material and its location in the App; (iii) your contact information; (iv) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner; (v) a statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and (vi) your physical or electronic signature. Theralinq reserves the right to terminate accounts of repeat infringers.
9. Subscriptions; Billing; Auto-Renewal
9.1. Certain features of the App may require payment of subscription fees. Therapist accounts are currently offered at no charge. Caregiver accounts include limited free functionality - including the ability to complete an in-app questionnaire and receive automated exercise suggestions - and an optional paid subscription. The caregiver paid subscription is currently priced at $14.99 per month (or as otherwise displayed at the point of purchase) and provides unlimited access to the full video library, the ability to connect with a therapist through the App, and progress and milestone tracking features. Subscription offerings, pricing, and included features are described at the point of purchase in the applicable app marketplace and/or within the App and may change over time as permitted by law and marketplace rules.
9.2. If you purchase a subscription through the Apple App Store, Google Play, or another third-party marketplace, your purchase is governed by that marketplace’s billing terms, payment terms, refund policies, cancellation processes, and subscription rules, in addition to this Agreement.
9.3. Unless otherwise stated at the time of purchase, subscriptions automatically renew for successive periods equal to the initial subscription term unless canceled at least twenty-four (24) hours before the renewal date through the applicable app-store account settings or other designated mechanism, and you authorize the marketplace to charge the applicable subscription fee to your chosen payment method. You will not receive a refund for any unused portion of a subscription period upon cancellation, except as required by applicable law or the applicable marketplace's refund policy.
9.4. Fees are non-refundable except as required by applicable law or the applicable app marketplace’s mandatory refund rules.
9.5. Theralinq may change subscription fees or billing terms prospectively upon reasonable prior notice to the extent required by applicable law or marketplace rules. Price changes will take effect at the start of the next subscription period following the date of the change. Your continued use of the App after a price change becomes effective constitutes your agreement to pay the updated price.
9.6. Failure to pay applicable fees may result in suspension, downgrade, or termination of access to paid features.
9.7. Free Tier; AI Suggestions. The free caregiver tier allows you to complete an in-app questionnaire describing your child's age and reported impairments and to receive automated exercise suggestions generated by Theralinq's algorithms ("AI Suggestions"). Access to the full video library, therapist connection, and progress and milestone tracking features requires a paid subscription. Theralinq reserves the right to modify, limit, or discontinue the free tier or AI Suggestions at any time.
9.8. California Auto-Renewal Notice. If you are a California resident, the following applies: Your subscription will automatically renew and your payment method will be charged at the then-current rate unless you cancel at least twenty-four (24) hours before the end of the current subscription period. You may cancel at any time through your Apple App Store or Google Play account settings. To the extent applicable, Theralinq complies with California's Automatic Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.).
10. Privacy; Health Information
10.1. Your use of the App is subject to the Theralinq Privacy Policy, available at https://www.theralinq.com/privacy, which is incorporated into this Agreement by reference.
10.2. You acknowledge that the App may involve the collection, transmission, storage, and processing of personal information and health-related information that you choose to provide or that is provided through your use of the App. Health-related data collected through the App is limited to a child's age (but not full birthdate), developmental or therapy milestones reached, therapy goals entered or shared through the platform, and exercise scoring or performance data generated through app usage. Information you provide through in-app questionnaires, including a child’s age and reported impairments, may be processed by Theralinq’s automated tools to generate exercise suggestions; for details on how this information is collected, processed, and retained, see the Privacy Policy. Information entered into the App should be limited to what is reasonably necessary for therapy support and care coordination.
10.3. To the extent Theralinq acts as a service provider, contractor, or business associate to a clinic, practice, or provider under a separate written agreement, the handling of protected health information may also be governed by that separate agreement.
10.4. Nothing in this Agreement is intended to modify or replace any separate business associate agreement, data processing agreement, enterprise subscription agreement, or provider-facing services agreement between Theralinq and an organization.
10.4A. HIPAA; No Overpromise. This Agreement is not a HIPAA Business Associate Agreement and does not constitute Theralinq's HIPAA compliance documentation. To the extent Theralinq is a "business associate" under HIPAA with respect to a covered entity, that relationship is governed by a separate written Business Associate Agreement. This Agreement does not create any patient rights under HIPAA, and Theralinq makes no representation that its obligations under this Agreement satisfy any HIPAA requirement applicable to you or your organization. To the extent Theralinq acts as a business associate under HIPAA, its data handling obligations for Protected Health Information are described in the applicable Business Associate Agreement and, to the extent not addressed therein, in the Privacy Policy. Your privacy rights with respect to health-related information are described in the Privacy Policy and, where applicable, in any separate written agreement between Theralinq and your organization.
10.5. Data Processing; Consent. By using the App, you consent to the collection, use, sharing, and processing of information as described in the Privacy Policy. Theralinq and its current service providers process information in the United States; Theralinq does not currently market or sell the App outside the United States.
10.6. Children's Privacy; COPPA. The App is not directed to children under the age of thirteen (13), and Theralinq does not knowingly collect personal information directly from children under 13. If you are a parent or guardian submitting information about your child through the App, you are doing so as an authorized adult on behalf of your child. If Theralinq learns that it has inadvertently collected personal information from a child under 13 without verifiable parental consent, it will delete such information promptly. If you believe Theralinq may have collected information from or about a child under 13 without proper authorization, please contact us at support@theralinq.com.
11. Consent to Electronic Communications
You consent to receive electronic communications from Theralinq relating to the App, including account notices, legal notices, transactional messages, support responses, and updates to the App or this Agreement, by email, in-app message, push notification, or other electronic means. Marketing communications, if any, will be delivered by email in accordance with applicable law and will include opt-out mechanisms; Theralinq does not currently use SMS/text or telephone marketing. Push notifications may be sent to your device for exercise reminders, progress updates, messages from your child’s therapist sent to the caregiver account, and account-related alerts. You may manage push notification preferences through your device settings at any time; however, disabling push notifications may limit certain App features.
12. Updates; Changes to Features
Theralinq may from time to time develop and provide updates, bug fixes, patches, upgrades, and new features. You agree that we may automatically install updates where permitted by your device settings. We may also modify, suspend, or discontinue all or part of the App at any time, with or without notice, subject to applicable law. Theralinq has no obligation to provide any updates or to continue providing any particular feature or content (including any video library content), except as required by applicable law.
13. Third-Party Services and Materials
The App may integrate with, display, include, or make available third-party services, websites, software, content, or materials, including app-store services, analytics providers, cloud infrastructure providers, video hosting, communications tools, or payment processors. Theralinq does not control and is not responsible for such third-party services or materials, and your use of them may be subject to separate third-party terms and privacy policies. If you use “Sign in with Apple,” Google sign-in, or similar features, those services are third-party services governed by their own terms and policies.
14. Intellectual Property
The App, including its software, design, text, graphics, interfaces, trademarks, logos, compilations, and other content provided by Theralinq (excluding User Content), is owned by or licensed to Theralinq and is protected by intellectual property and other laws. All rights not expressly granted are reserved by Theralinq and its licensors.
Theralinq and related names, logos, product names, and slogans are trademarks or service marks of Theralinq or its licensors. Except for the limited license expressly granted in this Agreement, no rights are granted to you by implication, estoppel, or otherwise.
15. Suspension and Termination
15.1. This Agreement begins when you first download, install, access, or use the App and continues until terminated.
15.2. You may terminate this Agreement at any time by discontinuing use of the App and deleting it from your device; however, termination does not automatically cancel a subscription purchased through a third-party marketplace, which must be canceled through that marketplace.
15.3. Theralinq may suspend or terminate your access to the App, in whole or in part, at any time, with or without notice, if:
(a) you breach this Agreement;
(b) we believe your use presents legal, security, compliance, or safety risk;
(c) your account information is false, incomplete, or misleading;
(d) for therapist users, professional credentials are invalid, expired, or cannot be verified; or
(e) we discontinue the App or a portion of it.
15.4. Upon termination, the license granted to you under this Agreement immediately ends and you must stop using the App. Theralinq may delete or de-identify User Content and account data in accordance with the Privacy Policy, its internal retention, backup, and legal compliance practices, and applicable law, subject to any obligations Theralinq has under separate written agreements with providers or as required by law. In the event of involuntary termination, Theralinq may retain data necessary for enforcement purposes for a period not to exceed three (3) years, as further described in the Privacy Policy.
15.5. Sections that by their nature should survive termination will survive, including those relating to intellectual property, disclaimers, limitations of liability, dispute resolution, and any accrued payment obligations.
15.6. Account Deletion; Data Retention. You may request deletion of your account by contacting Theralinq at support@theralinq.com, or by using any in-app account deletion feature. Health-related data associated with a user account is retained for as long as the account remains active. Following voluntary account deletion or closure, Theralinq will delete or de-identify associated personal information within ninety (90) days, except as required by law or any separate written agreement with a provider. Data retention and deletion following account closure or termination is governed by the timeframes and procedures set forth in the Privacy Policy.
16. Disclaimers
16.1. THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
16.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERALINQ DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
16.3. WITHOUT LIMITING THE FOREGOING, THERALINQ DOES NOT WARRANT THAT THE APP OR ANY CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SAFE, EFFECTIVE, AVAILABLE, SECURE, ERROR-FREE, OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.
16.4. THERALINQ DOES NOT WARRANT ANY CLINICAL OUTCOME, THERAPY RESULT, USER ENGAGEMENT RESULT, ADHERENCE RESULT, OR BUSINESS RESULT FROM USE OF THE APP. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE FOREGOING MAY NOT APPLY TO YOU.
16.5 THERALINQ DISCLAIMS ANY WARRANTY THAT AUTOMATED SUGGESTIONS OR “AI” OUTPUTS WILL BE ACCURATE, COMPLETE, OR SUITABLE, AND YOU ASSUME ALL RISK ARISING FROM RELIANCE ON SUCH OUTPUTS.
17. Assumption of Risk
You acknowledge that physical exercises, mobility activities, developmental activities, and related tasks may involve inherent risks, including discomfort, aggravation of existing conditions, falls, strains, or other injury. You voluntarily assume all risks arising from the performance or non-performance of any activity accessed through the App including risks arising from performing activities without appropriate supervision, in an unsuitable environment, or contrary to professional guidance, except to the extent such assumption is prohibited by law.
18. Limitation of Liability
18.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERALINQ AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR COST OF COVER, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THERALINQ FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO THERALINQ FOR THE APP DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY U.S. DOLLARS (US$50.00).
18.3. Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited.
18.4. NOTWITHSTANDING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERALINQ WILL NOT BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATED TO: (A) YOUR OR ANY THIRD PARTY'S RELIANCE ON AUTOMATED SUGGESTIONS, AI OUTPUTS, OR EXERCISE RECOMMENDATIONS GENERATED BY THE APP; (B) ANY PHYSICAL INJURY, AGGRAVATION OF A PRE-EXISTING CONDITION, OR HARM TO A CHILD ARISING FROM PERFORMANCE OF ANY EXERCISE, ACTIVITY, OR ROUTINE ACCESSED THROUGH THE APP; OR (C) ANY THERAPIST'S INDEPENDENT CLINICAL JUDGMENT, EXERCISE ASSIGNMENTS, OR PROFESSIONAL SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE APP.
19. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Theralinq and its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
(a) your use of the App;
(b) your User Content;
(c) your breach of this Agreement;
(d) your violation of any law or third-party right;
(e) if you are a therapist user, your professional services, clinical judgments, exercise assignments, or communications with caregivers; or
(f) your use of any third-party services in connection with the App (including Apple ID or Google sign-in) in a manner that violates applicable terms or law; or
(g) your reliance on any automated suggestion, AI output, or exercise recommendation generated by the App, including any harm to yourself or a child resulting from performing or failing to perform any exercise based on such a suggestion.
20. App Store Additional Terms
20.1. This Agreement is between you and Theralinq only, and not with Apple, Google, or any other app marketplace.
20.2. Apple and its subsidiaries are third-party beneficiaries of this Agreement as it relates to your use of the iOS version of the App, and upon your acceptance of this Agreement, Apple will have the right to enforce this Agreement against you as a third-party beneficiary.
20.3. To the extent not effectively disclaimed under this Agreement, if the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App, if any, in accordance with its applicable policies. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App.
20.4. You represent and warrant that:
(a) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country; and
(b) you are not listed on any U.S. Government list of prohibited or restricted parties.
20.5. You must comply with applicable third-party terms when using the App.
20.6 Maintenance and Support. Theralinq, and not Apple or Google, is responsible for providing any maintenance and support services for the App to the extent required under applicable law.
20.7 Product Claims. Theralinq, and not Apple or Google, is responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to applicable legal or regulatory requirements, and claims arising under consumer protection or similar laws.
20.8 Intellectual Property Claims. In the event of any third-party claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, Theralinq, and not Apple or Google, will be solely responsible for investigation, defense, settlement, and discharge of such claim.
20.9. Google Play; Recurring Billing. If you purchase a subscription through Google Play, you acknowledge and agree that: (a) Google Play manages payment processing and billing for subscriptions purchased through the Android platform; (b) your subscription will automatically renew unless you cancel it at least twenty-four (24) hours before the end of the current billing period through your Google Play account settings; (c) upon renewal, your Google Play account will be charged at the confirmed purchase price for the next billing period; (d) you may manage or cancel your subscription at any time through the Google Play app or at play.google.com/store/account/subscriptions; and (e) refunds for Google Play purchases are subject to Google Play's refund policies, and Theralinq has no control over and assumes no responsibility for Google Play billing, refund determinations, or payment disputes.
20.10. Platform Provider Data Collection. Apple, Google, and other Platform Providers may collect and process personal information in connection with your download, installation, and use of the App, including transaction and payment data. For information about how Platform Providers collect and use your data, please see the Privacy Policy and the applicable Platform Provider’s privacy policy.
21. Export Controls
You will comply with all applicable export control, sanctions, and re-export laws and regulations of the United States and other applicable jurisdictions. You may not use, export, re-export, or transfer the App except as authorized by such laws.
22. Dispute Resolution; Arbitration; Class Action Waiver
22.1. Please read this section carefully. It affects your rights.
22.2. Informal Resolution. Before initiating arbitration, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement, the Privacy Policy, or Theralinq’s collection, use, or disclosure of personal information informally. You must send a written notice of your claim to Theralinq at support@theralinq.com with sufficient information to evaluate the claim. Theralinq will respond within a reasonable time. If the dispute is not resolved within thirty (30) days after notice is received, either party may initiate arbitration.
22.3. The arbitration will be conducted on an individual basis. YOU AND THERALINQ WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING, to the maximum extent permitted by law.
22.4. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction as necessary to protect its rights pending arbitration, and either party may bring an individual claim in small claims court if eligible.
22.5. Unless otherwise required by applicable law, the arbitration venue will be Wilmington, Delaware, and the governing law will be the laws of the State of Delaware, excluding conflict-of-laws rules.
22.6. If the class action waiver in this Section is found unenforceable, then this arbitration section will be unenforceable to that extent.
22.7 Opt-Out. You may opt out of the arbitration and class action waiver provisions by sending written notice to Theralinq at support@theralinq.com within thirty (30) days of first accepting this Agreement, stating your name, account email, and your intent to opt out.
22.8. State-Specific Consumer Rights. Notwithstanding anything to the contrary in this Section 22, the following applies to residents of the following states:
(a) California Residents: You may have additional rights under the California Consumer Privacy Act (CCPA), the California Consumer Legal Remedies Act (CLRA), and other California consumer protection laws. The arbitration agreement in this Section does not preclude you from filing a complaint with the California Attorney General or other applicable regulatory authority. The class action waiver does not apply to public injunctive relief claims that cannot be waived under California law.
(b) New Jersey Residents: Nothing in this Agreement, including the limitation of liability and arbitration provisions, is intended to deprive you of any rights under the New Jersey Consumer Fraud Act or other applicable New Jersey law.
(c) Massachusetts Residents: Nothing in this Agreement is intended to limit your rights under the Massachusetts Consumer Protection Act (M.G.L. c. 93A) or other applicable Massachusetts consumer protection law.
(d) Residents of Other States. Residents of states with comprehensive data privacy statutes retain any rights that cannot be waived under applicable law. For a description of your state-specific privacy rights, see the Privacy Policy.
23. Governing Law
Except as provided in Section 22, this Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-laws principles.
24. Changes to this Agreement
Theralinq may modify this Agreement from time to time. If we make material changes, we will provide notice as required by law, which may include posting the updated Agreement in the App or on our website, sending an email, or other electronic notice. Your continued use of the App after the effective date of the updated Agreement constitutes acceptance of the changes, except where additional consent is required by law.
25. Miscellaneous
25.1. This Agreement, together with the Privacy Policy and any additional terms expressly incorporated by reference, constitutes the entire agreement between you and Theralinq regarding the App, except that any separate written agreement between Theralinq and an organization will control to the extent of a conflict for organizational use. For clarity: (a) the Theralinq Privacy Policy is a separate document governing Theralinq's collection, use, and handling of personal information and does not incorporate the arbitration, liability, eligibility, or use-restriction provisions of this Agreement; (b) the Theralinq Website Terms of Use govern use of Theralinq's website and are separate from this Agreement; and (c) any enterprise, clinic, or provider agreement entered into between Theralinq and an organization is separate from and controls over this Agreement with respect to organizational use. Users should consult the applicable document for the rights and obligations it governs.
25.2. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
25.3. Theralinq may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of assets. You may not assign this Agreement without Theralinq’s prior written consent.
25.4. No waiver of any provision of this Agreement will be effective unless in writing, and no waiver will be deemed a waiver of any later breach.
25.5. Section headings are for convenience only and do not affect interpretation.
26. Contact Information
Theralinq, LLC, or its successors or assigns
160 Mine Lake Ct., Suite 200, Raleigh, NC 27615
Phone: (919) 229-9028
Email: support@theralinq.com