Terms & Conditions

Terms and Conditions

Last updated: August 12, 2024

Please read these terms and conditions carefully before using our service.

Interpretation and Definitions

Interpretation

Words where the initial letter is capitalized have defined meanings. These definitions apply whether the terms appear in singular or plural form.

Definitions

• Application: The software program provided by the company, downloaded by you on any electronic device, named Therativities Application.
• Application Store: The digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the application has been downloaded.
• Affiliate: An entity that controls, is controlled by, or is under common control with a party, with "control" meaning ownership of 50% or more of shares, equity interest, or other voting securities.
• Country: Refers to Florida, United States.
• Company: FMV Holdings LLC, referred to as "the Company," "We," "Us," or "Our" in this agreement.
• Device: Any device that can access the service, such as a computer, cellphone, or digital tablet.
• Service: Refers to the application or the website, or both.
• Terms and Conditions (also referred to as "Terms"): These Terms and Conditions that form the entire agreement between you and the company regarding the use of the service.
• Third-party Social Media Service: Any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the service.
• Website: Refers to the Therativities website, accessible from www.therativities.com.
• You: The individual accessing or using the service, or the company, or other legal entity on whose behalf such individual is accessing or using the service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this service and the agreement that operates between you and the company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the service.

Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the service.

By accessing or using the service, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you may not access the service.

You represent that you are over the age of 18. The company does not permit those under 18 to use the service.

Your access to and use of the service is also conditioned on your acceptance of and compliance with the Privacy Policy of the company. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the application or the website and informs you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our service.

User Accounts

You may create an account to access various functionalities of our service. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account or password.

User-Generated Content

Users may create and upload content such as text, images, and other media on our platform. By uploading content, you grant the company a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the service.

Infringement Notices

For any copyright infringement claims under the Digital Millennium Copyright Act (DMCA) or similar laws, please contact us at:
Email: dmca@therativities.com

In-App Purchases and Subscriptions

Our application offers in-app purchases and subscription plans. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on the type of subscription plan you select when purchasing a subscription.

Free Trial

The company may, at its sole discretion, offer a subscription with a free trial for a limited period. You may be required to enter your billing information to sign up for the free trial.

Purchase of Goods

Users can purchase goods, items, or services through our service. All purchases are final and non-refundable unless otherwise stated in our refund policy.

Ownership of Content

All content provided by the company, including but not limited to text, images, logos, visual design, and trademarks, is the exclusive property of the company and is protected by copyright, trademark, and other laws. Unauthorized use of the content is prohibited.

User Feedback and Suggestions

Any feedback or suggestions you provide regarding the service may be used by the company without any obligation to compensate you. By submitting feedback, you grant the company a perpetual, irrevocable, royalty-free license to use your feedback for any purpose.

Promotions, Contests, and Sweepstakes

The company may offer promotions, contests, and sweepstakes. These activities may be governed by additional rules and conditions which will be made available to you at the time of participation.

Links to Other Websites

Our service may contain links to third-party websites or services that are not owned or controlled by the company. The company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the Terms and Conditions and Privacy Policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the service will cease immediately.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the company and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the service or $100 USD if you haven't purchased anything through the service.

To the maximum extent permitted by applicable law, in no event shall the company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of these Terms), even if the company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

Without limitation to the foregoing, the company provides no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of the company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the country, excluding its conflicts of law rules, shall govern these Terms and your use of the service. Your use of the application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If you have any concern or dispute about the service, you agree to first try to resolve the dispute informally by contacting the company.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if we have made them available to you on our service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us by email at:
Email: legal@therativities.com

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