End User License Agreement

Last Revised:  25 SEP 2024 

This End User License Agreement (the “Agreement”) is entered into between you (“you,” or “End User”) and YourSteps Health (“Company,” “we,” “us,” and “our”).  This Agreement governs your access to and use of the Company website available at: www.yourstepshealth.com (the “Website”), our mobile applications, including YourSteps(™) (the “Application”), and any other website or mobile applications directly owned by, or operated by or on behalf of, the Company and where this Agreement is linked (collectively, with the Website and Application, the “Platform”), including any content or functionality offered on or through the Platform. The Platform is published, owned, and operated by YourSteps(™) Health LLC.  

By accessing, browsing, submitting information to and/or using the Platform, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by this Agreement and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. 

BY SELECTING THE “I AGREE” OPTION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND (B) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE PLATFORM.  

  1. PURPOSE OF THE PLATFORM.   

The Platform is provided for informational purposes, enabling communication between you and Company, and to allow Company to provide its services to you. The information provided is intended to be general in nature and does not necessarily address all of the terms, exclusions, and conditions applicable to our products and services.  

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time.  Any reliance you place on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Platform, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by Company through the Platform shall be handled in accordance with the Platform’s Privacy Policy, which is hereby incorporated by reference. 

  1. PRIVACY POLICY; OTHER AGREEMENTS. 

This Agreement is incorporated by reference and should be read in conjunction with the Company’s Privacy Policy.   

Your use of the Platform and any information associated with the Platform may also be subject to the terms of separate written agreements (the “Customer Agreements”) between Company and its customers, including when you are an employee, contractor or agent of such customer, such as a physical therapist at a hospital (the “Employer”).  When applicable, this Agreement may be superseded by specific terms in the Customer Agreements.  If you use or submit any materials on the Platform as an employee, contractor or agent of an Employer, you agree to be bound by any applicable Customer Agreements, as well as any posted Employer guidelines and policies related to the materials you wish to use or submit, as applicable.  When applicable, if you do not agree to the terms of the Customer Agreements, you will not be able to use the Platform. 

  1. USE OF THE PLATFORM.   

  • Right to Use.  Company grants you a limited, non-exclusive, non-transferable right to access and use the Platform and the data, material, content or information herein (collectively, the “Content”) solely for your organization’s internal business use. You agree to use the Platform only for lawful purposes, comply with all rules governing any transactions on and through the Platform and comply with applicable laws. 

  • Use Restrictions.  End User shall not: 

  1. Copy the Platform, except as expressly permitted by this Agreement;  

  1. Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Platform;  

  1. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof;  

  1. Remove, delete, alter, or obscure any trademarks, copyright, patents, or other intellectual property or proprietary rights notices from the Platform, including any copy thereof;  

  1. Rent, lease, lend, sell, sublicense, assign, distribute, publish or republish, publicly display or perform, transfer, store, transmit, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason;  

  1. Use any robot, spider, or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; 

  1. Interfere with or disrupt the proper operation of the Platform;  

  1. Access, tamper with or use non-public areas of the Platform or its systems;  

  1. Attempt to probe, scan, or test the vulnerability of any system or network or otherwise breach any security or authentication measures relating to the Platform;  

  1. Avoid, bypass, remove, disable, impair, or otherwise circumvent any technological measure or security feature in or protecting the Platform;  

  1. Impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); 

  1. Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; 

  1. Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;  

  1. Use the Platform in any way that violates any applicable federal, state, local, or international law, or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); or  

  1. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by Company, may harm the Company or users of the Platform, or expose them to liability. 

  1. TERMS AND LIMITATIONS OF THE PLATFORM. 

  1. The “Mobile Features” are the features of the Platform that you may use or access through your mobile device. Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. Company assumes no responsibility or liability for any fees or charges you incur when using the Mobile Features. You are solely responsible for any fees or charges that may apply with respect to the Mobile Features, as well as determining what plans are available and how much they cost. 

  1. You acknowledge and agree that your use of the Platform is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the Platform operates (e.g., Apple iOS). 

  1. Company expressly disclaims any liability arising from your use of the Platform on an incompatible web browser or mobile device, including any web browsers or mobile devices not kept up to date to align with the latest versions of the Platform. Company reserves the right to terminate your use of the Platform or any other aspect of the Platform should you be using the Platform with an incompatible or unauthorized device. 

  1. Apple App Store Sourced Application. 

  1. With respect to the Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”) you will use the App Store Sourced Application only: (A) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software) that you own or control; and (B) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Company reserves all rights in and to the App not expressly granted to you under this Agreement. 

  1. Acknowledgement. You acknowledge and agree that (A) this Agreement is valid between you and Company only, (B) Apple is not a party to this Agreement other than as a third-party beneficiary as contemplated below, and (C) Company, and not Apple, is solely responsible for the App Store Sourced Application content. 

  1. Scope of License.  The license granted to you for the App Store Sourced Application is limited to a non-transferable license to use the App Store Sourced Application on any Apple device that you own or control and only as permitted by the Usage Rules. 

  1. Maintenance and Support.  You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application. Company is solely responsible for providing any maintenance and support services with respect to the App Store Sourced Application, as specified herein or as required under applicable law. 

  1. Warranty.  Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the App Store Sourced Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility. 

  1. Product Claims.  Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you and the Company acknowledge that the Company, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the App Store Sourced Application or your possession and/or use thereof, including, but not limited, to: (A) product liability claims, (B) any claim that the App Store Sourced Application fails to conform to (C) any applicable legal or regulatory requirement; and (D) claims arising under consumer protection or similar legislation. 

  1. Intellectual Property Rights.  You and the Company acknowledge and agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third-party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims. Company is solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim(s). 

  1. Legal Compliance.  You represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) you are not listed on any U.S. Government list of prohibited or restricted parties. 

  1. Third-party Beneficiary.  You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this subsection of the Agreement regarding App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this subsection of the Agreement regarding App Store Sourced Applications against you as a third-party beneficiary thereof. 

  1. END USER RESPONSIBILITY.   

All accounts are self-custodial, which means that you or your organization are responsible for securing access. If you lose access to the Platform, Company will be unable to restore your access. If you are given or create a password or other means of authentication to access the Platform, you are responsible for maintaining the confidentiality and security of your account. When creating an account, you agree to provide us with accurate and complete information and detail, as required, and to keep it up to date. You are responsible for all activities that occur under your account and you agree to notify Company immediately of any unauthorized use of your account. Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account.  

  1. TEXT MESSAGING.    

You may have the opportunity to receive SMS or "text" messages, pre-recorded voice messages or auto-dialed phone calls from Company, its affiliates and related entities as well as third parties.  Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested.  In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from or on behalf of the Company or for the Company to use your cell phone number or mobile device number in accordance with the Company’s Privacy Policy. In providing your number and accepting this Agreement, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to Company, or from which you sent the text message request to us. You further acknowledge that no purchase is required to opt into this service, and you may opt out at any time by following instructions provided in our communications to you. 

Not all mobile devices or handsets may be supported by this service. Company and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from Company. 

  1.  RESERVATION OF RIGHTS; FEEDBACK. 

You acknowledge and agree that the Platform is provided under the rights provided under Section 3 above, and not sold, to you. You do not acquire any ownership interest in the Platform under this Agreement, or any other rights thereto other than to use the Platform in accordance with Section 3 above, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. The Platform may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of Company or applicable owner. 

If you send or transmit any communications or materials to us suggesting or recommending changes to the Platform, including without limitation, new features or functionality, comments, questions, suggestions, or the like (“Feedback”), we are free (but are not required) to use such Feedback without any attribution or compensation to any party, and you hereby assign to us all right, title, and interest in any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback.  

  1. THIRD-PARTY WEBSITES.   

The Platform may contain links to websites controlled or operated by persons and companies other than Company (“Linked Sites”). Linked Sites are not under the control of Company, and Company is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. Company is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support Company or are identified in the Platform, including any delivery of and payment for goods and services. 

  1. INTELLECTUAL PROPERTY NOTICES.   

The Platform is protected by copyrights and trademarks, or are subject to other proprietary rights, such as patents for the Platform’s structure. Accordingly, you are not permitted to use the Platform or Content in any manner, except as expressly permitted by Company in this Agreement. The Platform or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of Company or applicable owner.  

Copyright. You should assume that everything you see or read on Company’s Platform is copyrighted unless otherwise noted and may not be used without the written permission of Company. Company neither warrants nor represents that your use of materials displayed on Company’s Platform will not infringe the rights of third parties. Content, images, photographs, or illustrations displayed on Company’s Platform is either the property of, or used with permission by, Company. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on Company’s Platform. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications, regulations and statutes. 

Trademark. Nothing contained on Company’s Platform should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on Company’s Platform without the written permission of Company or such third party that may own a trademark displayed on Company’s Platform. Your misuse of Company’s trademark(s) displayed on Company’s Platform, or any other Content on the Platform, except as provided herein, is strictly prohibited. 

Your Content.  Any Content you create or own or to which you have a license and use on the Platform is Your Content. In sharing Your Content on the Platform, you warrant and represent you have the legal right to use Your Content and grant Company an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Platform services as described in this Agreement and in any posted policies on the Platform. The Platform services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require the Company systems to access, store, and scan Your Content. You may also be able to share Your Content with others.   

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Platform. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, Company or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.   

  1. INTERNATIONAL USERS.   

We make no claims that the Platform or any of its contents are accessible or appropriate in every jurisdiction. You acknowledge that you may not be able to access all or some of the Platform in every jurisdiction and that access thereto may not be legal by certain persons or in certain countries.  

  1. UPDATES.   

Company may from time to time in its sole discretion develop and provide Platform updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.  

  1. TERM AND TERMINATION. 

The term of this Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this section. You may terminate this Agreement by deleting the Platform and all copies thereof from your device and discontinuing your use of the Platform. 

This Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement or if we reasonably believe (a) any party has accessed your account in violation of the terms and conditions of this Agreement, or (b) you or any party accessing your account could expose Company to liability or create a legal risk. Upon termination, all rights granted to you under this Agreement will also terminate, and you must cease all use of the Platform. Termination will not limit any of Company’s rights or remedies at law or in equity.  

  1. DISCLAIMER.   

EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THIS AGREEMENT, ALL INFORMATION, CONTENT, OR SERVICES PROVIDED BY COMPANY TO YOU VIA THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, COMPANY AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE PLATFORM OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE PLATFORM. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE PLATFORM AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER COMPANY NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE PLATFORM WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. COMPANY FURTHER MAKES NO WARRANTY THAT THE PLATFORM WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT COMPANY, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE PLATFORM OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE PLATFORM OR THE CONTENT IS TO CEASE YOUR USE OF THE PLATFORM AND/OR THE CONTENT.  

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW. 

  1. LIMITATION OF LIABILITY.  

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE PLATFORM, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE PLATFORM OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE PLATFORM, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF COMPANY OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE PLATFORM SUBJECT TO THIS AGREEMENT OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.” 

IN ANY CASE, COMPANY’S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO COMPANY FOR THE PLATFORM IN THE SIX (6) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, OR TEN DOLLARS ($10.00), WHICHEVER IS GREATER. 

  1. INDEMNITY.  

You agree to defend, indemnify and hold harmless Company and its affiliates, directors, officers, employees, and/or agents (collectively, “Company Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) that may be incurred by any of Company Indemnitees arising out of or relating to Your Content, your violation of this Agreement, your violation of any applicable laws, rules or regulations in connection with the Platform, or from any other misuse of the Platform. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of Company Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, the Company reserves the right to assume the exclusive defense and control of any proceeding that relates to Company, the Platform, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with the Company in our defense thereof.  

  1. LIMITATION ON TIME TO FILE CLAIMS.   

Any cause of action or claim you may have arising out of or relating to this Agreement or the Platform must be commenced within one year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.  

  1. GOVERNING LAW & JURISDICTION.   

This Agreement is governed by the laws of Minnesota. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Minneapolis, Minnesota in all disputes arising out of or relating to the use of the Platform. 

  1. EXPORT REGULATION.  

The Platform may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Platform to, or make the Platform accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Platform available outside the U.S. 

  1. GENERAL.  

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Agreement or use of the Platform. You may not assign this Agreement without the prior written consent of Company in all instances. Company may assign this Agreement, in whole or in part, at any time. Company’s performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by Company with respect to such use.   

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in effect.  

This Agreement, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitutes the entire Agreement between you and Company with respect to the Platform, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Company. A printed version of this Agreement and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.   

  1. CHANGES TO THIS AGREEMENT. 

Company reserves the right, in its sole and absolute discretion, to make changes to any of the terms and conditions of this Agreement at any time. If we change the terms and conditions of this Agreement, we will post those changes in this Platform and update the “Last Revised” date. If we materially change the terms and conditions of this Agreement, we will notify you by prominently posting a notice of such changes before making them and by stating the effective date of the changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Platform. Your continued use of the Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. 

  1. COMPANY CONTACT INFORMATION.   

Questions can be directed to the Company at admin@yourstepshealth.com.