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Terms of Service

Last updated: February 6, 2025

1. Acceptance of Terms

By accessing or using the Living with Pain platform (“Service”), operated at livingwithpain.app (“we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Living with Pain is a wellness platform currently in early beta that provides therapeutic audio sessions, immersive visual environments, vibroacoustic technology support, and community features. The Service is designed to offer supportive tools for people living with chronic pain, fibromyalgia, migraines, and related conditions.

3. Not Medical Advice

THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

All content, sessions, tools, and features provided through the Service are for informational and wellness purposes only. They are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

Never disregard professional medical advice or delay in seeking it because of something you have accessed through the Service. If you think you may have a medical emergency, call your doctor or emergency services immediately.

The Service is not a cure, remedy, or treatment for any medical condition. Any positive effects experienced are individual and not guaranteed. Results vary from person to person.

4. Beta Service

The Service is currently in early beta. This means:

  • Features may be incomplete, experimental, or subject to change without notice.
  • The Service may contain bugs, errors, or inaccuracies.
  • Availability is not guaranteed and the Service may experience downtime.
  • Features may be added, modified, or removed at our sole discretion.
  • Data collected during beta may be used to improve the Service.

By using the beta Service, you acknowledge and accept these limitations.

5. User Accounts

To access certain features, you may need to create an account. You are responsible for:

  • Maintaining the confidentiality of your account credentials.
  • All activities that occur under your account.
  • Providing accurate and complete information.
  • Notifying us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms.

6. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose.
  • Harass, abuse, or harm other users.
  • Provide false medical claims or dangerous health advice to other users.
  • Attempt to gain unauthorized access to any part of the Service.
  • Reverse engineer, decompile, or disassemble any part of the Service.
  • Use the Service to distribute malware, spam, or other harmful content.
  • Scrape, copy, or redistribute Service content without permission.
  • Impersonate any person or entity.

7. Intellectual Property

All content, features, and functionality of the Service — including but not limited to audio sessions, visual environments, text, graphics, logos, and software — are owned by Living with Pain and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

8. User-Generated Content

If you submit feedback, comments, or other content (“User Content”), you grant us a non-exclusive, royalty-free, worldwide license to use, modify, and display that content in connection with operating and improving the Service.

You are solely responsible for your User Content. We reserve the right to remove any content that violates these Terms or that we find objectionable.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL LIVING WITH PAIN, ITS OWNER, OPERATORS, AFFILIATES, OR CONTRIBUTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of (or inability to access or use) the Service.
  • Any conduct or content of any third party on the Service.
  • Any content obtained from the Service.
  • Unauthorized access, use, or alteration of your transmissions or content.
  • Any health outcomes, whether positive or negative, associated with use of the Service.
  • Any decisions made based on information or experiences provided by the Service.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $50, WHICHEVER IS GREATER.

10. Assumption of Risk

You acknowledge that the use of wellness tools, audio sessions, vibroacoustic technology, and immersive experiences involves inherent risks. You assume full responsibility for any risks associated with your use of the Service. You should consult with a healthcare professional before beginning any new wellness program, particularly if you have a pre-existing medical condition, are pregnant, have epilepsy or seizure disorders, or use a pacemaker or other medical device.

11. Indemnification

You agree to indemnify and hold harmless Living with Pain, its owner, operators, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes by posting the updated Terms on the Service and updating the “Last updated” date. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

13. Termination

We may terminate or suspend your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration or in the courts of competent jurisdiction.

15. Contact

If you have any questions about these Terms, please contact us at: contact@livingwithpain.app