Terms of Service
Effective Date: January 16, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Moviq Health, Inc., a Delaware C‑Corporation ("Moviq Health," "we," "our," or "us"). These Terms govern your access to and use of the Moviq Health website, biomechanical assessments, digital dashboards, reports, consultations, applications, clinic portals, referral tools, and any related products, software, or services (collectively, the "Services").
By accessing, scheduling, purchasing, registering for, or otherwise using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Services.
1. Acceptance of Terms
1.1 Binding Legal Agreement
These Terms constitute a legally binding agreement between you and Moviq Health. By accessing, scheduling, registering for, or using any part of the Services, you affirm that you have read, understood, and agree to be bound by these Terms and by all applicable laws, regulations, and professional standards.
1.2 Method of Acceptance
You may accept these Terms by any of the following actions, including but not limited to:
Accessing or browsing the Moviq Health website
Participating in a Moviq Health assessment
Viewing or interacting with reports, dashboards, or analytics
Accessing Services through a clinic, referral, or organizational partner
Your continued use of the Services constitutes ongoing acceptance of these Terms.
1.3 Supplemental Terms
Certain Services, features, or offerings may be subject to additional guidelines, policies, consent forms, or supplemental terms provided by Moviq Health or by a participating clinic or organization. Such supplemental terms are incorporated by reference into these Terms. In the event of a conflict, these Terms shall govern unless otherwise expressly stated.
1.4 Updates and Modifications
Moviq Health reserves the right to modify, update, or replace these Terms at any time in its sole discretion. Updates will be posted with a revised effective date. Your continued access to or use of the Services after such changes constitutes acceptance of the revised Terms.
1.5 No Waiver
Failure by Moviq Health to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
1.6 Electronic Communications
You consent to receive communications, notices, disclosures, and agreements electronically in connection with your use of the Services. Electronic communications satisfy any legal requirement that such communications be in writing.
2. Description of Services
2.1 Overview of Services
Moviq Health provides biomechanics-based assessment services, digital tools, and analytics designed to evaluate movement quality, functional performance, and fall-related risk indicators. The Services are intended to support awareness, education, and general wellness initiatives related to mobility, balance, strength, and functional independence.
2.2 Types of Services
The Services may include, but are not limited to:
In-person or remote movement and functional assessments
Measurement of gait characteristics, balance, postural control, strength, power, coordination, and related biomechanical variables
Collection of motion, force, timing, and stability data using proprietary methodologies
Generation of digital dashboards, reports, summaries, and visualizations
Risk stratification, scoring, benchmarking, and longitudinal trend analysis
Educational content related to movement health and fall-prevention awareness
Non-clinical consultations or explanations related to assessment outputs
2.3 Technology and Methodology
The Services may rely on proprietary software, algorithms, scoring models, statistical techniques, and data-processing methods developed or licensed by Moviq Health. Outputs generated by the Services may involve estimates, comparisons to reference populations, or probabilistic interpretations derived from aggregated data.
2.4 Informational Nature of Outputs
All outputs, scores, classifications, insights, and visualizations produced by the Services are informational in nature. They are designed to support understanding of movement patterns and potential risk factors and are not definitive determinations of health status, medical condition, or future outcomes.
2.5 No Guaranteed Results
Moviq Health does not guarantee any specific result, outcome, improvement, or risk reduction. Individual responses, interpretations, and outcomes may vary based on numerous factors beyond Moviq Health’s control.
2.6 Service Availability and Changes
Moviq Health reserves the right to modify, suspend, discontinue, or enhance any aspect of the Services at any time, including features, methodologies, data outputs, or availability, without notice or liability.
3. Informational and Educational Purpose Only (No Medical Advice)
3.1 Not Medical Care or Clinical Services
The Services are provided solely for informational, educational, and general wellness purposes. Moviq Health does not provide medical advice, medical diagnosis, treatment, rehabilitation services, or clinical decision-making of any kind.
3.2 No Healthcare Provider Relationship
Your use of the Services does not create a physician–patient, therapist–patient, clinician–patient, or other healthcare provider relationship between you and Moviq Health, its employees, contractors, or affiliates.
3.3 No Reliance for Medical Decisions
You acknowledge and agree that the Services are not intended to be relied upon for medical decision-making, diagnosis, treatment planning, medication decisions, or emergency care. Any decisions related to your health or medical care must be made in consultation with a licensed healthcare professional.
3.4 Risk Scores and Classifications
Any scores, classifications, benchmarks, risk indicators, or projections generated by the Services are based on biomechanical data, statistical models, and reference populations. Such outputs are inherently limited, probabilistic, and subject to variability, and do not represent definitive assessments of medical risk, disease, or injury.
3.5 No Emergency Use
The Services are not designed for emergency use or real-time monitoring. You agree not to use the Services in connection with medical emergencies or urgent health situations.
3.6 Clinic and Professional Interpretation
When the Services are accessed through a clinic, healthcare organization, or professional referral, Moviq Health does not assume responsibility for how assessment outputs are interpreted, communicated, or applied by such third parties. Clinics and professionals remain solely responsible for clinical judgment, patient counseling, and follow-up care.
3.7 User Responsibility
You acknowledge that you are solely responsible for how you interpret and use information provided through the Services and for any actions you take based on that information.
4. Eligibility and Authority
4.1 Age Requirement
You must be at least eighteen (18) years of age to access or use the Services. By using the Services, you represent and warrant that you meet this age requirement.
4.2 Capacity to Enter Agreement
By using the Services, you represent and warrant that you have the legal capacity and authority to enter into these Terms and to comply with all obligations set forth herein.
4.3 Use by or on Behalf of Organizations
If you access or use the Services through, on behalf of, or in connection with a clinic, healthcare organization, employer, research institution, or other entity, you represent and warrant that you are authorized to do so and to bind that entity to these Terms where applicable.
4.4 Minors and Dependent Individuals
The Services are not intended for use by individuals under the age of eighteen (18). If assessments involve older adults, dependent individuals, or individuals requiring assistance, participation must occur through a participating clinic or organization that is responsible for obtaining appropriate consents and supervising participation.
4.5 Jurisdictional Limitations
The Services are intended for use only in jurisdictions where such services may be lawfully offered. You are responsible for ensuring that your use of the Services complies with all local, state, national, and international laws and regulations applicable to you.
4.6 Compliance with Clinic or Organizational Policies
When the Services are accessed through a clinic or organization, you agree to comply with all applicable policies, procedures, and instructions established by that clinic or organization in connection with your participation.
4.7 Right to Deny or Restrict Access
Moviq Health reserves the right, in its sole discretion, to deny, suspend, or restrict access to the Services for any individual or entity that does not meet eligibility requirements or that uses the Services in a manner inconsistent with these Terms or applicable law.
5. User Responsibilities and Conduct
5.1 Accurate Information
You agree to provide information that is accurate, complete, and current when interacting with the Services, including during assessments, onboarding, questionnaires, or dashboard use. You acknowledge that inaccurate or incomplete information may affect the accuracy, reliability, or usefulness of assessment outputs.
5.2 Appropriate Use
You agree to use the Services solely for their intended informational, educational, and wellness-related purposes and in accordance with these Terms and all applicable laws and regulations.
5.3 Compliance with Instructions and Safety Guidelines
You agree to follow all instructions, guidelines, and safety recommendations provided by Moviq Health or by a participating clinic or organization. You agree to immediately stop participation and notify appropriate personnel if you experience pain, dizziness, shortness of breath, instability, or other concerning symptoms.
5.4 Personal Responsibility
You acknowledge that you are solely responsible for your physical condition, limitations, and readiness to participate in any assessment or activity. You are responsible for disclosing relevant conditions or concerns to the clinic or supervising organization.
5.5 Prohibited Conduct
You agree not to:
Use the Services in any manner that is unlawful, unsafe, or misleading
Attempt to bypass, disable, or interfere with security features or access controls
Copy, scrape, reverse engineer, or attempt to extract proprietary algorithms, models, or data
Use the Services to create or support competing products or services
Upload, transmit, or introduce malicious code or harmful content
5.6 Account and Access Integrity
If you are provided access credentials or personalized links, you are responsible for maintaining their confidentiality and for all activity that occurs under your access. You agree not to share access credentials with unauthorized individuals.
5.7 Responsibility for Third-Party Actions
If you allow another person to access the Services on your behalf or with your information, you remain responsible for that person’s actions and compliance with these Terms.
5.8 Monitoring and Enforcement
Moviq Health reserves the right to monitor use of the Services, investigate suspected violations, and take appropriate action, including suspension or termination of access, without prior notice.
6. Physical Activity, Assessments, and Assumption of Risk
6.1 Nature of Physical Activities
The Services may involve physical movement, functional testing, balance assessments, strength evaluations, gait analysis, and other activities that require physical exertion, coordination, and postural control. Such activities may be performed in clinical, community, or other supervised environments.
6.2 Inherent Risks
You acknowledge and understand that participation in physical assessments and movement-related activities involves inherent risks, including but not limited to slips, trips, falls, loss of balance, muscle strain, joint injury, cardiovascular events, dizziness, fatigue, or other physical injury. These risks may occur even when activities are performed properly and under supervision.
6.3 Voluntary Participation
Your participation in the Services is entirely voluntary. You knowingly and freely choose to participate and assume full responsibility for all risks, whether known or unknown, foreseeable or unforeseeable, associated with your participation.
6.4 Health Status and Medical Clearance
You represent and warrant that you are physically able to participate in the Services and that you do not have any medical condition, impairment, or limitation that would make participation unsafe, unless such condition has been disclosed to and cleared by a licensed healthcare professional or supervising clinic.
6.5 Duty to Stop Participation
You agree to immediately stop participation and notify supervising personnel if you experience pain, dizziness, shortness of breath, chest discomfort, instability, or any other symptom that may indicate a risk to your health or safety.
6.6 No Supervision Guarantee
While assessments may be conducted or facilitated by trained personnel or clinics, Moviq Health does not guarantee continuous supervision, individualized safety monitoring, or prevention of injury during participation.
6.7 Release of Liability
To the fullest extent permitted by law, you release and hold harmless Moviq Health, its officers, directors, employees, contractors, agents, and affiliates from any claims, demands, causes of action, damages, or liabilities arising out of or related to your participation in the Services, including claims based on negligence, except to the extent prohibited by law.
6.8 Assumption of Responsibility for Outcomes
You acknowledge that Moviq Health does not control how assessments are conducted by clinics, how results are interpreted, or how recommendations are implemented. You assume responsibility for any outcomes resulting from participation or from actions taken based on the Services.
7. Scheduling, Payments, and Cancellations
7.1 No Fees for Individual Users
Moviq Health does not charge individual users, patients, or participants any fees to access, participate in, or receive the Services. Individual users are not required to provide payment information to Moviq Health as a condition of using the Services.
7.2 Clinic and Organizational Billing Model
Moviq Health provides the Services to clinics, healthcare organizations, employers, research institutions, and other entities pursuant to separate written agreements. All fees related to access, assessments, platforms, analytics, dashboards, or reports are charged exclusively to such organizations and are governed by the applicable contractual agreement between Moviq Health and that organization.
7.3 No Third-Party Beneficiary Rights
Individual users acknowledge and agree that they are not third-party beneficiaries of any agreement between Moviq Health and a clinic or organization and have no rights to enforce or rely upon such agreements.
7.4 Scheduling Through Clinics or Organizations
Assessments and Services may be scheduled through a participating clinic or organization. Moviq Health does not control clinic scheduling practices, appointment availability, wait times, or rescheduling policies.
7.5 Missed Appointments and Attendance
Failure to attend a scheduled assessment, late arrival, or cancellation is governed by the policies of the participating clinic or organization. Moviq Health is not responsible for missed appointments, delays, or related consequences.
7.6 Service Availability
Availability of the Services may vary by location, clinic, organization, or program. Moviq Health does not guarantee availability of the Services at any specific time or location.
7.7 Changes to Services or Access
Moviq Health reserves the right to modify, suspend, or discontinue access to the Services for any clinic, organization, or program in accordance with applicable agreements, without liability to individual users.
8. Intellectual Property Rights
8.1 Ownership of the Services
All rights, title, and interest in and to the Services, including all software, source code, object code, algorithms, scoring methodologies, risk models, statistical techniques, databases, dashboards, reports, visualizations, designs, user interfaces, trademarks, service marks, logos, trade names, documentation, and other materials (collectively, the "Moviq Health IP") are owned by or licensed to Moviq Health and are protected by United States and international intellectual property laws.
8.2 No Transfer of Ownership
Nothing in these Terms transfers or assigns to you any ownership interest in the Moviq Health IP. All rights not expressly granted are reserved by Moviq Health.
8.3 Limited License to Users
Subject to your compliance with these Terms, Moviq Health grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal use or, where applicable, for internal use through a participating clinic or organization, and only for the purposes for which the Services are made available.
8.4 Restrictions on Use
You may not, and may not permit any third party to:
Copy, reproduce, distribute, publicly display, or create derivative works from the Services or Moviq Health IP
Reverse engineer, decompile, disassemble, or attempt to discover the source code, algorithms, models, or underlying structure of the Services
Extract, scrape, or harvest data, outputs, or analytics at scale
Use the Services or outputs to develop, train, validate, or enhance competing products or services
Remove or alter any proprietary notices or branding
8.5 Feedback
If you provide feedback, suggestions, or ideas regarding the Services, you grant Moviq Health a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such feedback without compensation or obligation to you.
8.6 Clinic and Organizational Access
Clinics and organizations may access the Services pursuant to separate agreements with Moviq Health. Except as expressly stated in such agreements, no rights are granted to clinics or organizations beyond the limited license described herein.
8.7 Enforcement
Moviq Health reserves the right to investigate and take appropriate legal action against unauthorized use, copying, or misuse of the Services or Moviq Health IP, including suspension or termination of access and pursuit of civil remedies.
9. Data, Analytics, and Privacy
9.1 Types of Data Collected
In connection with the Services, Moviq Health may collect and process information including, but not limited to, biomechanical measurements, movement and performance data, assessment results, timestamps, device-generated data, usage data, and information provided by users or clinics in connection with participation in assessments or use of dashboards.
9.2 Purpose of Data Use
Moviq Health uses collected data to operate, maintain, support, and improve the Services; generate reports, dashboards, and analytics; support quality assurance and product development; and conduct internal research and analysis related to movement health and fall-prevention awareness.
9.3 De-Identified and Aggregated Data
Moviq Health may de-identify and aggregate data such that it does not reasonably identify an individual. De-identified and aggregated data may be used by Moviq Health for research, analytics, benchmarking, model development, validation, commercialization, publication, and other lawful business purposes.
9.4 Ownership of Derived Data and Analytics
All de-identified data, aggregated datasets, statistical outputs, models, benchmarks, insights, and analytics derived from the Services are the exclusive property of Moviq Health and constitute part of the Moviq Health IP.
9.5 No Guarantee of Data Accuracy
You acknowledge that data collected through physical assessments and digital tools may be affected by user effort, environmental conditions, equipment limitations, or other factors. Moviq Health does not guarantee the accuracy, completeness, or reliability of any data or analytics generated.
9.6 Data Access and Sharing
Assessment results and reports may be made available to participating clinics or organizations in accordance with applicable agreements and user consents. Moviq Health does not control how clinics or organizations store, interpret, or further share such information.
9.7 Privacy Policy
Personal data collected through the Services is governed by Moviq Health’s Privacy Policy, which describes how personal information is collected, used, stored, and protected. In the event of a conflict between these Terms and the Privacy Policy, the Privacy Policy shall govern with respect to personal data practices.
9.8 No HIPAA Covered Entity Representation
Moviq Health is not a covered entity or business associate under the Health Insurance Portability and Accountability Act (HIPAA), except to the extent expressly agreed in writing. Use of the Services does not, by itself, create HIPAA obligations for Moviq Health.
9.9 Data Security
Moviq Health implements commercially reasonable administrative, technical, and organizational measures designed to protect data against unauthorized access, loss, or misuse. However, no system can be guaranteed to be completely secure, and you acknowledge and accept this risk.
10. Third‑Party Services and Integrations
10.1 Use of Third-Party Services
The Services may integrate with, rely upon, or provide access to third-party websites, software platforms, devices, applications, scheduling tools, data storage providers, analytics tools, or other products or services that are not owned or controlled by Moviq Health (collectively, “Third-Party Services”).
10.2 No Endorsement or Control
Moviq Health does not endorse, control, or assume responsibility for any Third-Party Services, including their content, accuracy, availability, security, privacy practices, or functionality. The inclusion of any Third-Party Service does not imply endorsement or recommendation by Moviq Health.
10.3 Third-Party Terms and Policies
Your use of Third-Party Services is governed solely by the applicable terms, conditions, and privacy policies of those third parties. You are responsible for reviewing and complying with all such third-party terms. Moviq Health is not responsible for any conflicts between these Terms and the terms of any Third-Party Service.
10.4 Data Processed by Third Parties
In connection with operating the Services, certain data may be transmitted to or processed by Third-Party Services on Moviq Health’s behalf, such as hosting providers, analytics services, scheduling platforms, or communication tools. Such processing is subject to contractual arrangements between Moviq Health and the applicable third parties.
10.5 Third-Party Devices and Hardware
If the Services are used in connection with third-party hardware, sensors, wearables, or devices, Moviq Health does not warrant the performance, calibration, accuracy, reliability, or safety of such devices and shall not be responsible for errors, malfunctions, inaccuracies, or injuries arising from their use.
10.6 Availability and Modifications
Moviq Health may add, remove, modify, or discontinue Third-Party Services or integrations at any time without notice. Moviq Health shall not be liable for any interruption, degradation, or discontinuation of Third-Party Services.
10.7 Limitation of Liability Related to Third Parties
To the maximum extent permitted by law, Moviq Health shall not be liable for any damages, losses, or claims arising out of or related to your access to, use of, or reliance on any Third-Party Services.
11. Disclaimer of Warranties
11.1 Services Provided "As Is" and "As Available"
The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind. Use of the Services is at your sole risk.
11.2 No Express or Implied Warranties
To the maximum extent permitted by applicable law, Moviq Health expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, completeness, non-infringement, and availability.
11.3 No Warranty Regarding Outcomes or Results
Moviq Health does not warrant or guarantee that the Services, assessments, analytics, scores, classifications, or insights will produce any particular result, outcome, improvement, or level of risk reduction, or that any identified risk will not occur.
11.4 No Warranty of Error-Free Operation
Moviq Health does not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that defects or errors will be corrected.
11.5 No Warranty Regarding Data or Analytics
Moviq Health makes no representations or warranties regarding the accuracy, completeness, timeliness, or usefulness of any data, analytics, reports, dashboards, scores, benchmarks, or other outputs generated through the Services.
11.6 Third-Party Services Disclaimer
Moviq Health disclaims all responsibility and liability for Third-Party Services, including any warranties related to third-party platforms, devices, software, or integrations used in connection with the Services.
11.7 No Advice or Guarantees
Any information provided through the Services is for informational and educational purposes only and should not be interpreted as a guarantee, promise, or assurance of safety, performance, or outcome.
12. Limitation of Liability
12.1 Exclusion of Certain Damages
To the maximum extent permitted by applicable law, Moviq Health shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to damages for personal injury, pain and suffering, emotional distress, lost profits, lost revenue, loss of data, business interruption, or loss of goodwill, arising out of or relating to the Services or these Terms, even if Moviq Health has been advised of the possibility of such damages.
12.2 Limitation of Direct Damages
To the maximum extent permitted by law, Moviq Health’s total cumulative liability for any and all claims arising out of or relating to the Services or these Terms shall not exceed the amount paid by the applicable clinic, organization, or entity to Moviq Health for the Services in the twelve (12) months preceding the event giving rise to the claim.
12.3 No Liability for Clinic or Third-Party Acts
Moviq Health shall not be liable for any acts, omissions, negligence, malpractice, or misconduct of any clinic, healthcare professional, organization, or third party involved in scheduling, supervising, interpreting, or applying the Services or assessment results.
12.4 No Liability for User Decisions or Outcomes
Moviq Health shall not be liable for any decisions made, actions taken, or outcomes experienced by users, clinics, or organizations based on information, analytics, scores, reports, or insights provided through the Services.
12.5 Basis of the Bargain
You acknowledge that the limitations of liability set forth in this Section are a fundamental basis of the agreement between you and Moviq Health and that Moviq Health would not be able to provide the Services without such limitations.
12.6 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such limitations are not permitted by law, Moviq Health’s liability shall be limited to the maximum extent permitted under applicable law.
13. Indemnification
13.1 User Indemnification Obligation
You agree to indemnify, defend, and hold harmless Moviq Health, its officers, directors, employees, contractors, affiliates, licensors, and agents from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Your access to or use of the Services
Your participation in assessments or activities provided through the Services
Any information you provide that is inaccurate, incomplete, or misleading
Your violation of these Terms or any applicable law or regulation
13.2 Clinic and Organizational Use
If you access or use the Services through, on behalf of, or in connection with a clinic, healthcare organization, employer, or other entity, you agree to indemnify and hold harmless Moviq Health from any claims arising out of or related to that entity’s scheduling, supervision, interpretation, communication, or application of the Services or assessment outputs.
13.3 Third-Party Claims
Your indemnification obligations include claims brought by third parties, including but not limited to other users, patients, clinics, healthcare professionals, employers, or regulators, arising from your conduct or use of the Services.
13.4 Indemnification Procedure
Moviq Health reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Moviq Health in asserting any available defenses.
13.5 Survival
Your indemnification obligations under this Section shall survive the termination or expiration of these Terms and your use of the Services.
14. Suspension and Termination
14.1 Right to Suspend or Terminate
Moviq Health reserves the right, in its sole discretion, to suspend, restrict, or terminate your access to all or any part of the Services at any time, with or without notice, for any reason, including but not limited to violation of these Terms, misuse of the Services, security concerns, legal or regulatory requirements, or operational considerations.
14.2 Termination for Cause
Moviq Health may immediately suspend or terminate access if it reasonably believes that your use of the Services poses a risk to safety, violates applicable law, infringes intellectual property rights, compromises data security, or interferes with the integrity or operation of the Services.
14.3 Effect of Termination
Upon suspension or termination of your access:
Your right to access or use the Services will immediately cease
Moviq Health may deactivate or restrict access credentials, dashboards, or reports
Any provisions of these Terms that by their nature should survive termination shall remain in effect
14.4 No Liability for Termination
To the maximum extent permitted by law, Moviq Health shall not be liable to you or any third party for any suspension, restriction, or termination of access to the Services, including any resulting loss of data, access, or anticipated benefits.
14.5 Clinic and Organizational Relationships
Termination or suspension of an individual user’s access does not affect the contractual relationship between Moviq Health and any clinic, organization, or entity, which shall be governed by separate written agreements.
14.6 Voluntary Discontinuation
You may discontinue use of the Services at any time. Discontinuation does not relieve you of any obligations accrued prior to cessation of use.
15. Governing Law and Venue
15.1 Governing Law
These Terms and any dispute, claim, or controversy arising out of or relating to the Services or these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
15.2 Exclusive Venue
Except as otherwise expressly required by applicable law, any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located within the State of Delaware. You hereby consent to the personal jurisdiction and venue of such courts.
15.3 Waiver of Objections
You waive any objection to venue in such courts, including any claim that such venue is inconvenient or improper.
15.4 Waiver of Jury Trial
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND MOVIQ HEALTH EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
15.5 Equitable Relief
Notwithstanding the foregoing, Moviq Health may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or proprietary rights.
16. Severability and Entire Agreement
16.1 Entire Agreement
These Terms, together with any incorporated policies, notices, consent forms, or supplemental terms expressly referenced herein (including the Privacy Policy), constitute the entire agreement between you and Moviq Health regarding your access to and use of the Services and supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral.
16.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
16.3 Assignment
You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without Moviq Health’s prior written consent. Moviq Health may freely assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, reorganization, sale of assets, or change of control.
16.4 Independent Contractors
Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, or employment relationship between you and Moviq Health. The parties are independent contractors.
16.5 Force Majeure
Moviq Health shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, epidemics, pandemics, governmental actions, labor disputes, power failures, internet or communications outages, or failures of third-party service providers.
16.6 Headings and Interpretation
Section headings are for convenience only and shall not affect the interpretation of these Terms. Any ambiguities shall not be construed against either party on the basis that such party drafted the Terms.
16.7 Survival
All provisions which by their nature should survive termination or expiration of these Terms shall survive, including but not limited to provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, venue, and dispute resolution.
17. Contact Information
Moviq Health, Inc.
Email: info@moviqhealth.com
By using the Services, you acknowledge that you have read, understood, and agree to these Terms of Service.