Terms of Service.

These Terms of Service (“Terms”) form a binding agreement between you and HereNow Labs, Inc. (“HereNow Labs,” “we,” “us,” or “our”) governing your access to and use of InRange — this website, our mobile applications, and any related services (the “Service”). By accessing or using the Service, or by clicking to accept these Terms, you agree to be bound by them. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and able to form a legally binding contract under the laws of your jurisdiction to use the Service or to purchase the Founding Member offer. If you are using the Service on behalf of an entity, you represent that you have authority to bind that entity to these Terms.

2. The Founding Member offer

Price. A one-time charge of $99 (United States dollars), processed by Stripe, Inc.
What you receive. Your first year of access to InRange after launch; a lifetime price lock at the Founding Member annual rate; first access at the start of private beta; and a direct email line to the founders for that first year.
Refund policy.Founding Member purchases are refundable in full at any time before InRange’s public launch by sending an email to team@herenowlabs.com from the address associated with the purchase. Refunds are processed within five (5) business days. After public launch, standard subscription terms apply.
If we cancel. If HereNow Labs cancels the InRange project before public launch, all Founding Members will receive an automatic full refund.
Lifetime price lock. Your annual renewal price for InRange after the first year will not increase above the Founding Member rate in effect at the time of your purchase, for so long as you maintain continuous membership.

3. InRange is not a medical device

InRange is a general wellness product and lifestyle tool, intended to be used in conjunction with — not as a replacement for — advice and treatment from qualified healthcare professionals. The Service is not intended to diagnose, treat, cure, prevent, slow, or otherwise mitigate any disease, illness, or medical condition. InRange is not a medical device and is not regulated by the U.S. Food and Drug Administration as such. You should consult with your movement-disorder specialist, physical therapist, or other qualified healthcare provider before beginning any new exercise program. Information provided by the Service is not medical advice.

4. Service availability

InRange is in pre-launch as of the effective date above. We do not warrant or commit to a specific launch date. We reserve the right to modify, suspend, or discontinue the Service, or any features or functionality of it, at any time, with or without notice, except that we will provide reasonable notice and an automatic refund to Founding Members in the event of a full project cancellation prior to public launch.

5. Account and security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us promptly of any unauthorized access. We are not liable for any loss or damage arising from your failure to comply with this section.

6. Acceptable use

You agree not to:

Use the Service to violate any applicable law, regulation, or third-party right.
Attempt to reverse engineer, decompile, scrape, or otherwise extract source code or non-public data from the Service.
Use the Service to harass, defame, defraud, or harm any person.
Submit data that is false, misleading, infringing, or that you do not have the right to submit.
Probe, scan, or test the vulnerability of the Service without our prior written authorization.
Use the Service for the development of any competing product or service.

7. Your content

You retain ownership of activity, session, and similar data you submit to the Service (“Your Content”). You grant HereNow Labs a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, transmit, display, modify, and create derivative works of Your Content solely as necessary to operate and improve the Service and to produce aggregated, de-identified analytics. You represent that you have all rights necessary to grant this license and that Your Content does not violate any law or third-party right.

8. Intellectual property

The Service, including all software, content, designs, graphics, wordmarks, logos, and trade dress (the “InRange Materials”), is owned by or licensed to HereNow Labs and is protected by U.S. and international copyright, trademark, and other intellectual property laws. Except for the limited, revocable, non-exclusive, non-transferable license granted to you to access and use the Service in accordance with these Terms, no rights are granted to you in or to the InRange Materials.

9. Disclaimers

THE SERVICE AND THE STEADY MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HERENOW LABS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WITHOUT LIMITING THE FOREGOING, HERENOW LABS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT IT WILL ACHIEVE ANY PARTICULAR HEALTH OR FITNESS OUTCOME.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HERENOW LABS, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HERENOW LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, HERENOW LABS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO HERENOW LABS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

11. Indemnification

You will defend, indemnify, and hold harmless HereNow Labs, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of or access to the Service; (b) your violation of these Terms; (c) Your Content; or (d) your violation of any law or third-party right.

12. Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13. Dispute resolution; binding arbitration

Please read this section carefully. It affects your rights. Except for disputes about intellectual property or equitable relief, you and HereNow Labs agree to resolve any dispute arising out of or relating to these Terms or the Service through binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration will be conducted in Wilmington, Delaware, in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. You and HereNow Labs each waive the right to a jury trial and the right to participate in any class, collective, or representative action. If any portion of this arbitration provision is found unenforceable, the unenforceable portion will be severed and the remainder will apply.

14. Modifications

We may modify these Terms at any time by posting an updated version on the Service and updating the effective date. We will provide reasonable notice of material changes by email or through the Service. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms.

15. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Sections that by their nature should survive termination (including without limitation Sections 7 through 14 and this Section 15) will survive.

16. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any other written agreement you have entered into with HereNow Labs, constitute the entire agreement between you and HereNow Labs regarding the Service and supersede any prior agreements on the subject matter.
Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without your consent in connection with a merger, acquisition, financing, reorganization, or sale of assets.
No third-party beneficiaries. Except as expressly stated, these Terms do not confer any rights on any third party.
Force majeure. Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control.
Notices. We may provide notices to you by email to the address on file or by posting them on the Service. Notices to HereNow Labs must be sent to team@herenowlabs.com.

17. Contact

HereNow Labs, Inc. · 1007 N Orange St, Fl 4, Wilmington, DE 19801 · team@herenowlabs.com