.png)
Terms & Conditions
These Terms of Service constitute a legally binding agreement between you and Dowa, Inc. (together withits affiliates, “Dowa”, “we,” “our” or “us”) governing your use of our products, services, mobile application(the “App”), and website (the “Site” and collectively with the foregoing, the “Services”).
YOU ACKNOWLEDGE AND AGREE THAT, BY REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP ORANY APP UPGRADES, USING THE APP ON YOUR MOBILE DEVICE, OR ACCESSING OR USING THE SERVICES,YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE OR THE APP. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. These Terms of Service are effective as of the date you first use or access the Services. If you accept or agree to theseTerms of Service on behalf of your employer or another legal entity, you represent and warrant that (i)you have full legal authority to bind your employer or such entity to these Terms of Service; (ii) you have read and understand these Terms of Service; and (iii) you agree to these Terms of Service on behalf of theparty that you represent. In such event, “you” and “your” will refer and apply to your employer or such other legal entity.
Any personal data you submit to the us or which we collect about you is governed by our Privacy Policy (“Privacy Policy”), available at [www.dowahealth.com/privacy]. You acknowledge that by using theServices, you have reviewed the Privacy Policy. The Privacy Policy is incorporated by reference into theseTerms of Service and together form and are hereinafter referred to as this “Agreement.”
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND DOWA CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
YOU ACKNOWLEDGE AND AGREE THAT, BY REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP ORANY APP UPGRADES, USING THE APP ON YOUR MOBILE DEVICE, OR ACCESSING OR USING THE SERVICES,YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE OR THE APP. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. These Terms of Service are effective as of the date you first use or access the Services. If you accept or agree to theseTerms of Service on behalf of your employer or another legal entity, you represent and warrant that (i)you have full legal authority to bind your employer or such entity to these Terms of Service; (ii) you have read and understand these Terms of Service; and (iii) you agree to these Terms of Service on behalf of theparty that you represent. In such event, “you” and “your” will refer and apply to your employer or such other legal entity.
Any personal data you submit to the us or which we collect about you is governed by our Privacy Policy (“Privacy Policy”), available at [www.dowahealth.com/privacy]. You acknowledge that by using theServices, you have reviewed the Privacy Policy. The Privacy Policy is incorporated by reference into theseTerms of Service and together form and are hereinafter referred to as this “Agreement.”
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND DOWA CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
Basic Terms of Service
1. No Medical Advice. The Services are provided for educational and informationalpurposes only and do not constitute providing medical advice or professional services.The information provided should not be used for diagnosing or treating a health problemor disease, and those seeking personal medical advice should consult with a licensedphysician. Always seek the advice of your doctor or other qualified health providerregarding a medical condition. Never disregard professional medical advice or delay inseeking it because of information from the Services. If you think you may have a medicalemergency, call 911 or go to the nearest emergency room immediately. No physician-patient relationship is created by use of these Services. Dowa does not make anyrepresentations, express or implied, with respect to the information provided herein or toits use.
2. Health Warning
Do not use the Service if your physician or health care provider advises against it. Someclasses and content focus on breathing and movement exercises. If you are not clearedby your doctor, we do not advise you to partake in these sessions. If you feel unwell atany point, you should stop participating immediately. You acknowledge that Dowa is foreducational purposes only and should not replace personalized professional or medicaladvice or care. Your use of the service is at your own risk.
3. Age Requirement
You must be at least 18 years old to use the Service.
4. Account Responsibility
You are responsible for all activities that occur under your account, even if notauthorized by you. You agree not to sell, transfer, license, or assign your account,username, or any associated rights to others. Except for authorized users creatingaccounts for their employers or clients, you may not create an account for anyone otherthan yourself. You also agree that all information you provide to Dowa during registrationand thereafter is accurate, complete, and up to date, and you will promptly update it asnecessary.
5. Login Credentials
You agree not to solicit, collect, or use the login credentials of other Dowa users.
6. Password Security
You are responsible for maintaining the confidentiality and security of your password andlogin information.
7. Prohibited Behavior
You agree not to engage in any of the following: defamation, stalking, bullying,harassment, threats, impersonation, or intimidation of others. You also agree not to postprivate or confidential information, including but not limited to personal financial details(e.g., credit card numbers), social security or government IDs, non-public phonenumbers, or private email addresses. You agree that any content you upload as part ofthe Services (i) will not be false, inaccurate, incomplete or misleading; (ii) infringe on anythird party’s copyright, patent, trademark, trade secret or other proprietary right or rightsof publicity, personality or privacy; (iii) will not violate any law, statute, ordinance, orregulation (including without limitation those governing export control, consumerprotection, unfair competition, anti-discrimination, false advertising, anti-spam orprivacy); (iv) will not be defamatory, libelous, unlawfully threatening, or unlawfullyharassing; (v) will not be obscene or contain pornography (including but not limited tochild pornography) or be harmful to minors; (vi) will not contain any viruses, TrojanHorses, worms, time bombs, cancelbots or other computer programming routines thatare intended to damage, detrimentally interfere with, surreptitiously intercept orexpropriate any system, data or personal information; (vii) will not represent you beingemployed or directly engaged by or affiliated with Dowa or purport you to act as arepresentative or agent of Dowa; and (viii) will not create liability for Dowa or causeDowa to lose (in whole or in part) the services of its ISPs or other suppliers.
8. Legal Use Only
You agree not to use the Service for any illegal or unauthorized purposes. You willcomply with all applicable laws, rules, and regulations, including but not limited tocopyright laws, in relation to your use of the Service and any content you upload.
9. Your Content
You are solely responsible for any content you submit, post, or display on or through theService. This includes any text, files, images, audio, video, and other materials("Content") you share.
10. Service Modification
You agree not to modify, adapt, or alter the Service or any website in a way that falselyimplies an affiliation with Dowa or the Service.11. API AccessYou may not access Dowa’s private API except through the methods and permissionsexplicitly provided by Dowa.12. Spam and Unwanted CommunicationsYou agree not to send unsolicited emails, messages, likes, or any other form ofcommercial or harassing communications ("spam") to Dowa users or content creators.
13. Disruption of Service
You agree not to interfere with or disrupt the Service, servers, or networks connected tothe Service, including transmitting viruses, malware, or other harmful code. You must notmodify or inject content into Dowa's pages or change how they are rendered in a user'sbrowser or device. You agree not to attempt to decipher, decompile, disassemble orreverse engineer any of the software or algorithms used to provide the Services orbypass the security features or measures we may use to prevent or restrict access to theServices, including without limitation features that prevent or restrict use or copying ofany content or enforce limitations on use of the Services or the content therein.
14. Unauthorized Account Creation
You may not create accounts through automated means, such as bots, scripts, orcrawlers or attempt to access unauthorized accounts or to collect or track the personalinformation of others.
15. Respect for Other Users
You agree not to restrict or disrupt other users' ability to enjoy or use the Service, andyou will not encourage or facilitate any violations of these Terms.
16. Account Termination
If you violate these Terms of Service, Dowa reserves the right to suspend or terminateyour account at its sole discretion without notice. You acknowledge that Dowa is notresponsible for any Content posted by users, and you use the Service at your own risk.Violating these Terms, or creating legal risks for Dowa, may result in Dowa discontinuingpart or all of the Service to you.
17. Payment and Cancellation Policy
A. For Subscriptions: All subscriptions are annual. We offer a 24hr cancellationwindow for new users upon initial purchase.
B. For Subscription Renewals: We provide 30 days after renewal to cancel yoursubscription for a 50% refund. Your access will end 6 months from the renewal date andwill not auto renew.
C. For Live Events: If you pay for a live event, separate from subscriptions, we providefull refund for cancellations up to 24hrs before the event and 50% refund forcancellations less than 24 hours before the event up to 1hr before the event.Cancellations less than 1hr before the event, during the event, and no-shows will not berefunded.
2. Health Warning
Do not use the Service if your physician or health care provider advises against it. Someclasses and content focus on breathing and movement exercises. If you are not clearedby your doctor, we do not advise you to partake in these sessions. If you feel unwell atany point, you should stop participating immediately. You acknowledge that Dowa is foreducational purposes only and should not replace personalized professional or medicaladvice or care. Your use of the service is at your own risk.
3. Age Requirement
You must be at least 18 years old to use the Service.
4. Account Responsibility
You are responsible for all activities that occur under your account, even if notauthorized by you. You agree not to sell, transfer, license, or assign your account,username, or any associated rights to others. Except for authorized users creatingaccounts for their employers or clients, you may not create an account for anyone otherthan yourself. You also agree that all information you provide to Dowa during registrationand thereafter is accurate, complete, and up to date, and you will promptly update it asnecessary.
5. Login Credentials
You agree not to solicit, collect, or use the login credentials of other Dowa users.
6. Password Security
You are responsible for maintaining the confidentiality and security of your password andlogin information.
7. Prohibited Behavior
You agree not to engage in any of the following: defamation, stalking, bullying,harassment, threats, impersonation, or intimidation of others. You also agree not to postprivate or confidential information, including but not limited to personal financial details(e.g., credit card numbers), social security or government IDs, non-public phonenumbers, or private email addresses. You agree that any content you upload as part ofthe Services (i) will not be false, inaccurate, incomplete or misleading; (ii) infringe on anythird party’s copyright, patent, trademark, trade secret or other proprietary right or rightsof publicity, personality or privacy; (iii) will not violate any law, statute, ordinance, orregulation (including without limitation those governing export control, consumerprotection, unfair competition, anti-discrimination, false advertising, anti-spam orprivacy); (iv) will not be defamatory, libelous, unlawfully threatening, or unlawfullyharassing; (v) will not be obscene or contain pornography (including but not limited tochild pornography) or be harmful to minors; (vi) will not contain any viruses, TrojanHorses, worms, time bombs, cancelbots or other computer programming routines thatare intended to damage, detrimentally interfere with, surreptitiously intercept orexpropriate any system, data or personal information; (vii) will not represent you beingemployed or directly engaged by or affiliated with Dowa or purport you to act as arepresentative or agent of Dowa; and (viii) will not create liability for Dowa or causeDowa to lose (in whole or in part) the services of its ISPs or other suppliers.
8. Legal Use Only
You agree not to use the Service for any illegal or unauthorized purposes. You willcomply with all applicable laws, rules, and regulations, including but not limited tocopyright laws, in relation to your use of the Service and any content you upload.
9. Your Content
You are solely responsible for any content you submit, post, or display on or through theService. This includes any text, files, images, audio, video, and other materials("Content") you share.
10. Service Modification
You agree not to modify, adapt, or alter the Service or any website in a way that falselyimplies an affiliation with Dowa or the Service.11. API AccessYou may not access Dowa’s private API except through the methods and permissionsexplicitly provided by Dowa.12. Spam and Unwanted CommunicationsYou agree not to send unsolicited emails, messages, likes, or any other form ofcommercial or harassing communications ("spam") to Dowa users or content creators.
13. Disruption of Service
You agree not to interfere with or disrupt the Service, servers, or networks connected tothe Service, including transmitting viruses, malware, or other harmful code. You must notmodify or inject content into Dowa's pages or change how they are rendered in a user'sbrowser or device. You agree not to attempt to decipher, decompile, disassemble orreverse engineer any of the software or algorithms used to provide the Services orbypass the security features or measures we may use to prevent or restrict access to theServices, including without limitation features that prevent or restrict use or copying ofany content or enforce limitations on use of the Services or the content therein.
14. Unauthorized Account Creation
You may not create accounts through automated means, such as bots, scripts, orcrawlers or attempt to access unauthorized accounts or to collect or track the personalinformation of others.
15. Respect for Other Users
You agree not to restrict or disrupt other users' ability to enjoy or use the Service, andyou will not encourage or facilitate any violations of these Terms.
16. Account Termination
If you violate these Terms of Service, Dowa reserves the right to suspend or terminateyour account at its sole discretion without notice. You acknowledge that Dowa is notresponsible for any Content posted by users, and you use the Service at your own risk.Violating these Terms, or creating legal risks for Dowa, may result in Dowa discontinuingpart or all of the Service to you.
17. Payment and Cancellation Policy
A. For Subscriptions: All subscriptions are annual. We offer a 24hr cancellationwindow for new users upon initial purchase.
B. For Subscription Renewals: We provide 30 days after renewal to cancel yoursubscription for a 50% refund. Your access will end 6 months from the renewal date andwill not auto renew.
C. For Live Events: If you pay for a live event, separate from subscriptions, we providefull refund for cancellations up to 24hrs before the event and 50% refund forcancellations less than 24 hours before the event up to 1hr before the event.Cancellations less than 1hr before the event, during the event, and no-shows will not berefunded.
General Conditions
1. Modification or Termination of Service
We reserve the right to modify or terminate the Service, or your access to it, at any time,for any reason, without notice or liability. You can deactivate your Dowa account byemailing us at help@dowahealth.com. If we terminate your access, your photos,comments, likes, connections, and all other data associated with your account will nolonger be accessible.
2. End of Rights and Licenses
Upon termination of your account or access to the Service, any licenses or other rightsgranted to you under these Terms of Service will immediately end.
3. Changes to Terms
We may update these Terms of Service ("Updated Terms") from time to time, at our solediscretion. Unless changes are made for legal or administrative reasons, we will providereasonable notice before they take effect. We will notify you of any Updated Terms byposting them on the Service. Your continued use of the Service after the effective date ofthe Updated Terms means you accept the changes. It’s your responsibility to reviewthese Terms regularly. The Updated Terms will apply to your use of the Service aftertheir effective date.
4. Refusal of Access
We may refuse access to the Service to anyone, at any time, for any reason, at our solediscretion.
5. Content Monitoring and Removal
While we are not obligated to do so, we may remove, edit, block, or monitor any Contentor accounts that, in our sole discretion, violate these Terms of Service.
6. User Interactions
You are solely responsible for your interactions with other users of the Service, whetheronline or offline. Dowa is not liable for the actions or behavior of any user. While we maymonitor interactions, we are not obligated to get involved in disputes between users.Always use caution and good judgment when interacting with others, especially whenposting or sharing Content or personal information.
7. Third-Party Links and Services
The Service may contain links to third-party websites or features, or third-party content.We do not control, endorse, or maintain these third-party sites or content. Using thesethird-party links or features, including sharing Content through them, is at your own risk.For example, if you use a third-party service to share content, you acknowledge thatyour profile information may be shared publicly. Dowa is not responsible or liable for anythird-party websites, services, or applications you interact with. Dowa does not controlany such third-party websites, and is not responsible for their (i) availability or accuracy,or (ii) content, advertising, products, or services. It is your responsibility to evaluate thecontent and usefulness of the information obtained from other websites. Youacknowledge and agree that Dowa is not involved in the creation or development ofthird-party websites and disclaims any responsibility for third-party websites, and cannotbe liable for claims arising out of or relating to third-party websites. Further, youacknowledge and agree that Dowa has no obligation to monitor, review, or remove linksto third-party websites, but reserves the right to limit or remove links to third-partywebsites on the Services at its sole discretion.
8. Data Charges
You are responsible for any data charges you incur while using the Service.
9. Prohibited Automated Access
Crawling, scraping, caching, or accessing any Content on the Service via automatedmeans is strictly prohibited.
We reserve the right to modify or terminate the Service, or your access to it, at any time,for any reason, without notice or liability. You can deactivate your Dowa account byemailing us at help@dowahealth.com. If we terminate your access, your photos,comments, likes, connections, and all other data associated with your account will nolonger be accessible.
2. End of Rights and Licenses
Upon termination of your account or access to the Service, any licenses or other rightsgranted to you under these Terms of Service will immediately end.
3. Changes to Terms
We may update these Terms of Service ("Updated Terms") from time to time, at our solediscretion. Unless changes are made for legal or administrative reasons, we will providereasonable notice before they take effect. We will notify you of any Updated Terms byposting them on the Service. Your continued use of the Service after the effective date ofthe Updated Terms means you accept the changes. It’s your responsibility to reviewthese Terms regularly. The Updated Terms will apply to your use of the Service aftertheir effective date.
4. Refusal of Access
We may refuse access to the Service to anyone, at any time, for any reason, at our solediscretion.
5. Content Monitoring and Removal
While we are not obligated to do so, we may remove, edit, block, or monitor any Contentor accounts that, in our sole discretion, violate these Terms of Service.
6. User Interactions
You are solely responsible for your interactions with other users of the Service, whetheronline or offline. Dowa is not liable for the actions or behavior of any user. While we maymonitor interactions, we are not obligated to get involved in disputes between users.Always use caution and good judgment when interacting with others, especially whenposting or sharing Content or personal information.
7. Third-Party Links and Services
The Service may contain links to third-party websites or features, or third-party content.We do not control, endorse, or maintain these third-party sites or content. Using thesethird-party links or features, including sharing Content through them, is at your own risk.For example, if you use a third-party service to share content, you acknowledge thatyour profile information may be shared publicly. Dowa is not responsible or liable for anythird-party websites, services, or applications you interact with. Dowa does not controlany such third-party websites, and is not responsible for their (i) availability or accuracy,or (ii) content, advertising, products, or services. It is your responsibility to evaluate thecontent and usefulness of the information obtained from other websites. Youacknowledge and agree that Dowa is not involved in the creation or development ofthird-party websites and disclaims any responsibility for third-party websites, and cannotbe liable for claims arising out of or relating to third-party websites. Further, youacknowledge and agree that Dowa has no obligation to monitor, review, or remove linksto third-party websites, but reserves the right to limit or remove links to third-partywebsites on the Services at its sole discretion.
8. Data Charges
You are responsible for any data charges you incur while using the Service.
9. Prohibited Automated Access
Crawling, scraping, caching, or accessing any Content on the Service via automatedmeans is strictly prohibited.
Rights
1. Ownership of Content
You retain ownership of any Content you submit, post, or display on or through theService. However, by submitting Content to Dowa, you grant us a worldwide license touse, display, and distribute that Content in connection with the Service as describedbelow.
2. Advertising and Promotions
The Service may be supported by advertising, and you agree that Dowa can displayadvertisements or promotions on the Service, including alongside or in connection withyour Content. The type, placement, and frequency of such ads may change over time, atDowa’s discretion.
3. Dowa’s Content and Rights
The Service contains content that is owned or licensed by Dowa ("Dowa Content").Dowa Content is protected by copyright, trademark, and other intellectual property laws.As between you and Dowa, Dowa retains all rights to the Dowa Content and the Service.Dowa Content is protected by the domestic and international laws governing copyright,patents, and other proprietary rights. You may not remove, alter, or obscure anyproprietary rights notices on Dowa Content, nor may you reproduce, distribute, modify,or exploit Dowa Content in any way without Dowa's explicit permission.
4. Trademarks and Service Marks
The "Dowa" name and logo are trademarks of Dowa and may not be used without ourprior written permission. This also applies to any page headers, custom graphics, buttonicons, and scripts, which are service marks, trademarks, and/or trade dress of Dowa andcannot be copied or used without Dowa’s written consent.
5. Service Availability and Content Removal
While Dowa strives to keep the Service available, interruptions may occur, including formaintenance, upgrades, or unforeseen technical issues. Dowa may also removeContent at its discretion, without prior notice. Content removed may still be retained byDowa to comply with legal obligations, but it may not be accessible without a valid courtorder. Dowa is not responsible for any loss or modification of Content and does notserve as a backup service. You agree not to rely on the Service for data storage orbackup purposes. Additionally, you acknowledge that internet security breaches arepossible, and submitting Content may not always be secure.
6. Responsibility for Content
You are solely responsible for the Content you post on the Service. Dowa does notendorse or assume responsibility for any Content submitted by users. While we are notrequired to monitor or edit Content, we may remove Content that violates these Terms. Ifyour Content violates any law or these Terms of Service, you may be legally responsiblefor it.
7. Non-Confidentiality of Content
Except as otherwise stated in the Service’s Privacy Policy, any Content you submit toDowa will be considered non-confidential and non-proprietary. Dowa will not be liable forany use or disclosure of such Content. By submitting Content, you acknowledge thatyour relationship with Dowa is not confidential or fiduciary, and that your Content will notbe subject to any obligation of confidentiality. Dowa will not be held responsible for anyuse or disclosure of your Content.
8. Feedback
Additionally, you may choose to or we may invite you to submit comments, ideas, orfeedback about the Services, including without limitation about how to improve ourservices or our products (“Feedback”). By submitting any Feedback, you agree that yourdisclosure is gratuitous, unsolicited, and without restriction and will not place Dowaunder any fiduciary or other obligation, and that we are free to use the Feedback withoutany additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptanceof your submission, Dowa does not waive any rights to use similar or related Feedbackpreviously known to Dowa, developed by its employees, or obtained from sources otherthan you. You acknowledge that all email and other correspondence that you submit tous shall become our sole and exclusive property.
You retain ownership of any Content you submit, post, or display on or through theService. However, by submitting Content to Dowa, you grant us a worldwide license touse, display, and distribute that Content in connection with the Service as describedbelow.
2. Advertising and Promotions
The Service may be supported by advertising, and you agree that Dowa can displayadvertisements or promotions on the Service, including alongside or in connection withyour Content. The type, placement, and frequency of such ads may change over time, atDowa’s discretion.
3. Dowa’s Content and Rights
The Service contains content that is owned or licensed by Dowa ("Dowa Content").Dowa Content is protected by copyright, trademark, and other intellectual property laws.As between you and Dowa, Dowa retains all rights to the Dowa Content and the Service.Dowa Content is protected by the domestic and international laws governing copyright,patents, and other proprietary rights. You may not remove, alter, or obscure anyproprietary rights notices on Dowa Content, nor may you reproduce, distribute, modify,or exploit Dowa Content in any way without Dowa's explicit permission.
4. Trademarks and Service Marks
The "Dowa" name and logo are trademarks of Dowa and may not be used without ourprior written permission. This also applies to any page headers, custom graphics, buttonicons, and scripts, which are service marks, trademarks, and/or trade dress of Dowa andcannot be copied or used without Dowa’s written consent.
5. Service Availability and Content Removal
While Dowa strives to keep the Service available, interruptions may occur, including formaintenance, upgrades, or unforeseen technical issues. Dowa may also removeContent at its discretion, without prior notice. Content removed may still be retained byDowa to comply with legal obligations, but it may not be accessible without a valid courtorder. Dowa is not responsible for any loss or modification of Content and does notserve as a backup service. You agree not to rely on the Service for data storage orbackup purposes. Additionally, you acknowledge that internet security breaches arepossible, and submitting Content may not always be secure.
6. Responsibility for Content
You are solely responsible for the Content you post on the Service. Dowa does notendorse or assume responsibility for any Content submitted by users. While we are notrequired to monitor or edit Content, we may remove Content that violates these Terms. Ifyour Content violates any law or these Terms of Service, you may be legally responsiblefor it.
7. Non-Confidentiality of Content
Except as otherwise stated in the Service’s Privacy Policy, any Content you submit toDowa will be considered non-confidential and non-proprietary. Dowa will not be liable forany use or disclosure of such Content. By submitting Content, you acknowledge thatyour relationship with Dowa is not confidential or fiduciary, and that your Content will notbe subject to any obligation of confidentiality. Dowa will not be held responsible for anyuse or disclosure of your Content.
8. Feedback
Additionally, you may choose to or we may invite you to submit comments, ideas, orfeedback about the Services, including without limitation about how to improve ourservices or our products (“Feedback”). By submitting any Feedback, you agree that yourdisclosure is gratuitous, unsolicited, and without restriction and will not place Dowaunder any fiduciary or other obligation, and that we are free to use the Feedback withoutany additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptanceof your submission, Dowa does not waive any rights to use similar or related Feedbackpreviously known to Dowa, developed by its employees, or obtained from sources otherthan you. You acknowledge that all email and other correspondence that you submit tous shall become our sole and exclusive property.
Reporting Copyright and Intellectual Property Violations
1. Respect for Intellectual Property
We respect the intellectual property rights of others and expect you to do the same.
2. How to Report Violations
If you believe that your intellectual property rights have been violated or if you need toreport any infringement, please contact us at help@dowahealth.com.
3. Consequences of Repeated Infringement
If you repeatedly infringe upon the intellectual property rights of others, we may suspendor disable your account at our discretion.
We respect the intellectual property rights of others and expect you to do the same.
2. How to Report Violations
If you believe that your intellectual property rights have been violated or if you need toreport any infringement, please contact us at help@dowahealth.com.
3. Consequences of Repeated Infringement
If you repeatedly infringe upon the intellectual property rights of others, we may suspendor disable your account at our discretion.
Disclaimer of Warranties
The Service, including but not limited to Dowa Content, is provided on an "AS IS", "AS AVAILABLE", and "WITH ALL FAULTS" basis. To the fullest extent permitted by law, Dowa and its affiliates (the "Dowa Parties") make no representations or warranties of any kind, either express or implied, including but not limited to:
● The Service's availability, accuracy, completeness, or reliability;
● The security of your data or transmissions to/from the Service;
● The absence of errors or interruptions in the Service.
The Dowa Parties disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. They do not guarantee the Service will be free from harmful components, such as viruses or bugs. Your use of the Service is at your own risk.
In jurisdictions where implied warranties cannot be excluded, the above disclaimer may not apply to you. By using the Service, you confirm that your activities are lawful in every jurisdiction where you access or use the Service.
The Dowa Parties do not endorse or take responsibility for any Content posted by users. You acknowledge that you may be liable for any Content you upload or share.
● The Service's availability, accuracy, completeness, or reliability;
● The security of your data or transmissions to/from the Service;
● The absence of errors or interruptions in the Service.
The Dowa Parties disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. They do not guarantee the Service will be free from harmful components, such as viruses or bugs. Your use of the Service is at your own risk.
In jurisdictions where implied warranties cannot be excluded, the above disclaimer may not apply to you. By using the Service, you confirm that your activities are lawful in every jurisdiction where you access or use the Service.
The Dowa Parties do not endorse or take responsibility for any Content posted by users. You acknowledge that you may be liable for any Content you upload or share.
Limitation of Liability; Waiver
To the fullest extent permitted by law, Dowa and the Dowa Parties are not liable to you for any loss or damages of any kind (including direct, indirect, punitive, incidental, or consequential damages) arising from or related to:
● Your use or inability to use the Service;
● Any errors or omissions in the Service;
● Any action by Dowa or law enforcement regarding your or others' use of the Service;
● Any damage to your device or data, including viruses, bugs, or technical malfunctions.
The Dowa Parties' total liability for any claim related to these Terms of Service will not exceed$100 USD.
By accessing the Service, you waive your right to seek damages for any claims not known to you at the time of the release.
You also release Dowa from any claims arising from third-party actions or Content.
● Your use or inability to use the Service;
● Any errors or omissions in the Service;
● Any action by Dowa or law enforcement regarding your or others' use of the Service;
● Any damage to your device or data, including viruses, bugs, or technical malfunctions.
The Dowa Parties' total liability for any claim related to these Terms of Service will not exceed$100 USD.
By accessing the Service, you waive your right to seek damages for any claims not known to you at the time of the release.
You also release Dowa from any claims arising from third-party actions or Content.
Indemnification
You agree to defend, indemnify, and hold harmless Dowa and its affiliates from any claims, damages, liabilities, losses, or expenses (including legal fees) arising from:
● Your Content or your use of the Service;
● Any breach of these Terms of Service;
● Violation of third-party rights, including intellectual property, privacy, or property rights;
● Violations of applicable laws, regulations, or rules.
Dowa reserves the right to assume exclusive defense and control of any claim and you agree to cooperate fully in defending any claim. You may not settle any claim without Dowa's prior written consent.
● Your Content or your use of the Service;
● Any breach of these Terms of Service;
● Violation of third-party rights, including intellectual property, privacy, or property rights;
● Violations of applicable laws, regulations, or rules.
Dowa reserves the right to assume exclusive defense and control of any claim and you agree to cooperate fully in defending any claim. You may not settle any claim without Dowa's prior written consent.
Arbitration
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND DOWA CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION,REQUIRE YOU AND DOWA TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
You agree that, in the event any dispute or claim arises out of or relating to your use of the Services, youwill contact us at help@dowahealth.com and you and Dowa will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a “Dispute” as defined below. Except for the right to seek injunctive or other equitable relief described under the “BindingArbitration” section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise.
Binding Arbitration. You and Dowa agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Dowa both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against Dowa in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.
Class Action Waiver. You and Dowa agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and Dowa both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Dowa agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.
This arbitration provision will survive the termination of your relationship with Dowa.
You agree that, in the event any dispute or claim arises out of or relating to your use of the Services, youwill contact us at help@dowahealth.com and you and Dowa will attempt in good faith to negotiate a written resolution of the matter directly. You agree that if the matter remains unresolved for 30 days after notification (via certified mail or personal delivery), such matter will be deemed a “Dispute” as defined below. Except for the right to seek injunctive or other equitable relief described under the “BindingArbitration” section below, should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been entitled to them otherwise.
Binding Arbitration. You and Dowa agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Dowa both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against Dowa in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.
Class Action Waiver. You and Dowa agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and Dowa both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Dowa agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.
This arbitration provision will survive the termination of your relationship with Dowa.
Time Limitation on Claims
You agree that any claims against Dowa related to these Terms of Service must be filed within one year of the event that gave rise to the claim. Any claims filed after this one-year period are permanently barred.
Governing Law & Venue
These Terms of Service are governed by the laws of the State of New York, USA, without regard to conflict of law principles.
Any legal action related to these Terms of Service, except for arbitration, must be filed in the state or federal courts in New York County, New York, and you consent to personal jurisdiction there.
If any provision is deemed unenforceable, the remainder of the Terms will continue in full effect. Dowa’s failure to enforce any provision does not waive that provision or any other rights.
Any legal action related to these Terms of Service, except for arbitration, must be filed in the state or federal courts in New York County, New York, and you consent to personal jurisdiction there.
If any provision is deemed unenforceable, the remainder of the Terms will continue in full effect. Dowa’s failure to enforce any provision does not waive that provision or any other rights.
Entire Agreement
These Terms of Service constitute the entire agreement between you and Dowa, superseding any prior agreements. You may not assign your rights or obligations under these Terms without Dowa's prior written consent. Dowa may assign its rights at any time. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
If any part of these Terms is deemed invalid, the rest will remain in force. These Terms do not confer any third-party beneficiary rights.
If any part of these Terms is deemed invalid, the rest will remain in force. These Terms do not confer any third-party beneficiary rights.
Territorial Restrictions
The Service is not intended for use in jurisdictions where its use would be illegal or violate local regulations. Dowa may limit the Service’s availability in certain areas.
Software related to the Service is subject to U.S. export controls and may not be downloaded or re-exported to countries under U.S. embargo or to individuals listed on U.S. government restricted lists.
By downloading any software related to the Service, you confirm that you are not located in any restricted country or on any restricted list.
These Terms of Service are effective as of Nov 25th, 2024. If any translated version conflicts with the English version, the English version prevails.
Software related to the Service is subject to U.S. export controls and may not be downloaded or re-exported to countries under U.S. embargo or to individuals listed on U.S. government restricted lists.
By downloading any software related to the Service, you confirm that you are not located in any restricted country or on any restricted list.
These Terms of Service are effective as of Nov 25th, 2024. If any translated version conflicts with the English version, the English version prevails.
Dowa helps moms heal and thrive.
Join Our Newsletter
Oops! Something went wrong while submitting the form.
.png)
.png)