TERMS OF USE

Welcome to Movaia.com. By using this website (“Site”), you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern the relationship between you and Movaia Tech Limited, provider of the Site. The terms “Provider” or “us” or “we” refer to the owner of the Site, Movaia Tech Limited, whose registered office is 26C, 33 Fort Street, Northpoint, Hong Kong. The term “you” refers to the user or viewer of our Site.

The user of the Site is subject to the following terms of use (“Terms”).

  1. The content of the pages of the Site, including any services or digital products sold, is for your general information and entertainment purposes only. It is subject to change without notice. 
  2. We, without notice to you, at any time revise these Terms of Use and any other information contained in this Site by updating this posting. We may also improve or change the products or services on this site at any time without notice. If a change is material, as determined by us in our sole discretion, we aim to provide at least fourteen (14) days’ notice prior to the effective date of the change via a post on the Sites and/or email to you. By not terminating your relationship with us prior to the effective date of the change, you acknowledge and agree that you will be bound by the updated Terms and/or Sites or Services.
  3. Your use of any information or materials on the Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.
  4. No content on this site is intended as medical advice and should not be misconstrued as such. You should not rely on any of the content provided as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. You should consult a physician before beginning a new fitness program or making changes to your exercise routine including running form. 
  5. The running form analysis and content provided is for entertainment purposes only and not intended to be professional or medical advice. Consult your physician or other professional before making any changes to your running form or any exercise regime. The running form analysis provides users with general guidance and information on how to improve their running form. YOU SHOULD NOT RELY ON THIS GUIDANCE AND INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD CONSULT A PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM OR MAKING CHANGES TO YOUR EXERCISE ROUTINE INCLUDING RUNNING FORM. Our recommended exercises, even if they are tailored to individual users, should not be misconstrued as medical advice, diagnosis or treatment. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. THE USE OF ANY INFORMATION OR PROGRAMS PROVIDED IN THE REPORT IS SOLELY AT YOUR OWN RISK. The report is only intended for use by individuals healthy enough to perform strenuous exercises. In becoming a user of the report, you affirm that a physician has specifically approved your use of the report. In cases where you experience pain or severe discomfort while performing any exercise provided by the report, you should immediately discontinue and consult with a medical expert. In such cases, you should not return to exercising without consulting with a medical expert. You should be aware that there are inherent physical and mental health risks to exercise, including risk of injury or illness. By accessing and using the report, you acknowledge and agree that your performance of any and all exercises or activities recommended by the report is wholly at YOUR OWN RISK. Movaia Tech Limited will not be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans or exercises. While the report or our running form reports may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form.
  6. In no event will Movaia Tech Limited be liable to any party for any direct, indirect, and incidental, special, exemplary, or consequential damages of any type whatsoever related to or arising from this website or any use of this Site or digital or physical products or services sold on this Site. 
  7. Additionally, by accessing and using our Site, you agree to be bound by the terms found in our Privacy Policy which can be accessed via this link.
  8. The trademarks, logos and service Marks (“Marks”) displayed on the Site are the property of the Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or Sites on the World Wide Web without written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offense.
  9. The absence of our name or logo does not constitute a waiver of any intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Sites or Services may be the trademarks and the property of their respective owners.
  10. As a new subscriber you are entitled to a refund for 14 days after a purchase of a subscription provided you have not received a paid service.  Notwithstanding the above you have the right for a refund (of the purchase price or pro-rated subscription fee for the current contract period) in case we do not provide a running form analysis within ten business days after you provided a video suitable for running form analysis, and we fail to rectify the situation within three business days after notification.
  11. If we terminate your use of the Sites due to a violation of these Terms by you, as determined by us in our sole discretion, you will not be entitled to a refund of any fees paid by you to us.
  12. It shall be deemed a breach of the Sites terms by you if you fail to respect the intellectual property rights of the Site and Movaia Tech Limited, provide false information when registering, fail to settle any payment due or act in a way that is detrimental to the Site’s legitimate business interests.
  13. We will be excused from failures or delays in delivery or performance of the Sites and/or Services, if such failure or delay is attributable to causes our reasonable control (force majeur) such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.
  14. Coupon / Discount code promotions: We may occasionally run promotions offering a discount code for a percentage (%) or fixed amount ($) off your order. Unless otherwise state these offers are valid on the date shown on our website only. For redemption the promotion code provided must be entered at checkout and is valid for one-time use only. Sales tax, shipping & handling do not qualify for discount. Such an offer is not redeemable for cash or gift cards, nor is it valid toward previous purchases. Such an offer may not be combined with any other coupons, discounts, offers, or promotions. Void if altered, copied, transferred, auctioned or sold. Offer valid on in-stock items only. No rain checks issued. Other restrictions may apply.
  15. This Site provides links to other Sites by allowing you to leave this Site to access third party material or by bringing third-party material into this Site. We have no discretion to alter, update, or control the content on a linked Site. The fact that we have provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked Site.
  16. All content, products and services on the Site, or obtained from a site to which the Site is linked are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
  17. You agree to pay us fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify us of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
  18. Some of our Services are billed on a subscription basis (“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page or by contacting us. YOU MAY CANCEL AUTO-RENEWAL ON YOUR SUBSCRIPTION AT ANY TIME, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE UNTIL THE END OF THAT BILLING CYCLE BEFORE TERMINATING. No partial refunds are issued for the remaining time in the subscription period.
  19. Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.
  20. We may change the fees charged to you for the Services at any time, provided that, for Subscriptions, the change will become effective only at the end of the then-current billing cycle of your Subscription. We will provide you with advance notice of any change in fees.
  21. Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements).
  22. We hereby grant to you perpetual, non-exclusive, non-transferable, worldwide permission to use content you purchased from our site (as defined below).  All rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Movaia Tech Limited. 
  23. You may only use a Purchase of a Running Form Analysis for analysis of a single runner. This also applies to subscriptions unless the subscription is specifically designed for multi-person analysis.
  24. You may not use our content or digital products for commercial purposes, including running form analysis for resale, license or any other distribution without explicit written consent by Movaia Tech Limited.
  25. Please be sure to keep a backup copy of digital products provided by us. We are not responsible for files lost, deleted or in any way damaged once purchased.
  26. You represent and warrant that you are the person you claim to be in your interactions with us, the Site. You will use the Sites in compliance with all applicable laws and regulations and you will not use them to defraud, harm, or impersonate another person.
  27. We may suspend or terminate your use of the Site at any time for any reason and without notice to you. Upon termination, we may, but are under no obligation to, delete any and all information stored by us related to your use of the Site.
  28. We welcome suggestions and feedback. We may not be able to respond or implement suggestions or feedback and you acknowledge and agree that suggestions, feedback or any other information provided by you to us are yours. You grant us a worldwide, unrestricted, royalty-free license to distribute, publish, modify, edit, or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.
  29. You acknowledge that you are entitled to agree to these terms and conditions. This means that you are not subject to any legal protections that would prevent you from using the Site.
  30. If any provision of these Terms becomes invalid or void for any reason, the remaining provisions shall remain in full force and effect.
  31. If you and us cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
  32. These Terms, Conditions and Privacy Policy are governed by and construed in accordance with the law of Hong Kong, SAR. Any dispute arising out of or related to the information contained herein is subject to adjudication in Hong Kong.
  33. All rights not expressly granted in these Terms and Conditions of Use or any express written here, are reserved by us.