AQUAVISION TERMS OF SERVICE

Effective Date: January 1st, 2025

PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND AVRwell Inc. (“AVRwell,” “WE,” “US,” OR “OUR”) FOR THE USE OF THE AQUAVISION APPLICATION (“APP”) AND ASSOCIATED SERVICES (“SERVICES”). BY CLICKING “ACCEPT” OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ANY FUTURE AMENDMENTS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE AGREEMENT WILL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS OF THE SAME DURATION AT AVRwell’S THEN-CURRENT RATES UNLESS YOU OPT OUT OF AUTO-RENEWAL AS OUTLINED IN SECTION 8.

YOUR USE OF THE SERVICES IS ALSO SUBJECT TO OUR PRIVACY POLICY, WHICH DESCRIBES HOW WE HANDLE YOUR DATA.

1. DEFINITIONS

  • “App” refers to the Aquavision software application developed by AVRwell for use on compatible Android VR headsets.

  • “Services” means the features, content, and functionality offered through the App.

  • “User” refers to any individual who accesses or uses the Services.

  • “Subscription” means a recurring access model granting Users access to the Services on a monthly or yearly basis.

  • “Perpetual License” refers to a one-time purchase that grants Users continued access to the Services but does not include updates or new content beyond the purchase date.

  • “Early Access” means that the App is still in development and may not include all planned features.

2. PURPOSE AND LIMITATIONS OF THE APP

Aquavision is a virtual reality training tool designed for use under the supervision of a licensed healthcare professional. It is not a medical device and does not diagnose, treat, cure, or prevent any medical condition. The App should be used as part of a structured rehabilitation program as directed by a therapist.

3. ACCOUNT REGISTRATION

To access certain features, Users may need to create an account. By registering, you agree to:

  • Provide accurate and current information.

  • Maintain the confidentiality of your credentials.

  • Accept responsibility for all activities under your account.

  • Notify AVRwell immediately of unauthorized access.

4. LICENSE GRANT AND RESTRICTIONS

4.1. License Grant

AVRwell grants Users a limited, non-exclusive, non-transferable, revocable license to access the Services, subject to the terms herein.

4.2. License Restrictions

Users shall not:

  • Reverse-engineer, modify, or create derivative works based on the Services.

  • Use the Services for commercial or unauthorized purposes.

  • Share account credentials with others.

  • Circumvent security measures or access controls.

5. SUBSCRIPTION, PAYMENT, AND BILLING

5.1. Subscription Plans

Aquavision is available via:

  • Monthly Subscription – Renews automatically unless canceled.

  • Three-Month Subscription – Renews every three months unless canceled.

  • Six-Month Subscription – Renews every six months unless canceled.

  • Yearly Subscription – Renews annually unless canceled.

  • Perpetual License – Grants continued access but does not include updates or new content.

  • Free Trial – AVRwell may offer limited-time free trials at its discretion. If Users do not cancel before the trial period ends, their account will automatically convert to a paid subscription, and the designated payment method will be charged.

5.2. Payment Terms

  • Fees are billed in advance and are non-refundable except as required by law.

  • Subscriptions renew automatically unless canceled 24 hours before renewal.

  • Users authorize AVRwell to charge their designated payment method.

5.3. Taxes and Fees

Users are responsible for applicable taxes, duties, and charges.

6. EARLY ACCESS DISCLOSURE

Aquavision might be in Early Access, meaning:

  • The App may not be feature-complete and may include bugs or unfinished content.

  • Updates and modifications may alter the experience over time.

  • User feedback may be requested to improve the final version.

7. USER CONDUCT

By using the Services, Users agree to:

  • Follow all guidelines provided by their therapist.

  • Refrain from unauthorized access or tampering.

  • Use the App only as intended.

  • Report security vulnerabilities to AVRwell.

8. CANCELLATION AND TERMINATION

8.1. Cancellation by User

  • Users may cancel their subscription through their account settings.

  • Cancellation prevents future billing but does not provide refunds for prior charges.

8.2. Termination by AVRwell

AVRwell reserves the right to suspend or terminate access for:

  • Violation of these Terms.

  • Fraudulent or abusive activity.

  • Non-payment of fees.

9. INTELLECTUAL PROPERTY

All rights, title, and interest in the Services remain with AVRwell. Users are granted a license to use but do not own the App or any content therein.

10. DISCLAIMERS AND LIMITATION OF LIABILITY

10.1. Medical Disclaimer

Aquavision is designed as a virtual reality training tool and is intended to be used under the supervision of a licensed healthcare professional. It is not a medical device and does not diagnose, treat, cure, or prevent any medical condition. The App is not a substitute for professional medical advice, diagnosis, or treatment. Users should consult their healthcare provider before using the App to ensure it aligns with their prescribed rehabilitation program. Any reliance on the App outside of professional supervision is at the User’s own risk.

10.2. Limitation of Liability

To the extent permitted by law:

  • AVRwell is not liable for indirect, incidental, or consequential damages.

  • Liability is limited to the fees paid in the 12 months prior to a claim.

11. UPDATES AND MODIFICATIONS

AVRwell may update the Services periodically. Users are responsible for installing updates to maintain access.

12. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of [Insert Jurisdiction]. Disputes shall be resolved through binding arbitration in [Insert Location]. Users may opt out of arbitration within 30 days of agreeing to these Terms by submitting written notice to AVRwell.

13. PRIVACY POLICY

Use of the Services is subject to AVRwell’s Privacy Policy, which details how personal data is collected and used.

14. CONTACT INFORMATION

For support or inquiries, contact:

AVRwell Inc.
Email: support@avrwell.com

Thank you for using Aquavision. Your feedback helps us improve the future of VR rehabilitation.