Rello Terms of Use

Introduction

These Terms of Use ("Terms") govern your use of the Rello mobile application, subscription service, and related services (collectively, the "Services") provided by Rello, Inc. ("Rello," "we," "our," or "us"). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Services.

Our Services

Rello provides a mobile application that offers personalized sleep, vitals, and activity insights, along with informative wellness content. Our Services access and display health and wellness data from Apple Health on your device. We offer a monthly subscription option, with pricing information available at rello.com.

Eligibility

You represent and warrant that you are at least 13 years of age. If you are under the legal age to form a binding contract in your jurisdiction, your use of the Services is subject to parental consent. In such cases, your parent or legal guardian is considered the user under these Terms and is responsible for your access and use of the Services.

If you are under 13 years of age, you are prohibited from using the Services under any circumstances. We reserve the right, in our sole discretion, to refuse to offer the Services to any person or entity and to change our eligibility criteria at any time.

Use of Services

Subject to these Terms and your Membership, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services solely for your personal, non-commercial purposes. You agree not to:

  1. Use the Services for any unlawful purpose or in violation of these Terms
  2. Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission

Health Data and Privacy

The Services access and display health and wellness data from Apple Health on your device ("Health Data"). Rello does not store, transmit, modify, or upload this data to any servers. All data remains locally on your device.

By using our Services, you authorize Rello to read your Health Data from Apple Health. You can revoke this permission at any time through your device settings.

We do not access, view, or endorse any Health Data beyond what is necessary to provide the Services on your local device. We expressly disclaim any and all liability in connection with the Health Data.

You are solely responsible for the accuracy and completeness of the data in Apple Health, as well as the security of your device and the data stored on it. We recommend that you use appropriate security measures, such as device passcodes and regular software updates, to protect your personal information.

For more detailed information on our data practices, please refer to our Privacy Policy.

No Medical Advice

Rello provides the Services for you to view and interpret wellness-related information. The Services and any results or content displayed via the Services do not provide medical advice and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

Never disregard professional medical advice or delay in seeking it because of something you have read or seen through our Services. Rello does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in our Services. Reliance on any information provided by Rello, our employees, or others appearing through our Services is solely at your own risk.

The Services are not intended to diagnose, treat, cure, or prevent any disease. If you think you may have a medical emergency, call your doctor or emergency services immediately.

You acknowledge and agree that Rello is not a healthcare provider, personal trainer, or fitness instructor. The information provided through the Services is general in nature and may not be appropriate for your specific situation.

Health and Wellness Information

The content available through the Services may include information derived from recent research and studies related to health, fitness, and wellness. This information is intended to be educational and to help you better understand various aspects of health and wellness.

All information shared through the Services is based on published research and studies. However, scientific understanding evolves over time, and new research may supersede previously published findings. Rello strives to present current information but cannot guarantee that all content is the most up-to-date available.

You agree that the information provided through the Services should not be considered as personalized advice or recommendations. Rello is not responsible for any actions you may take or results you may experience based on the information provided through the Services. Always consult with qualified healthcare professionals before making significant changes to your health and wellness routines.

The information provided through the Services is general in nature and may not be appropriate for your specific situation. Individual results may vary, and what works for one person may not work for another.

Subscriptions and Payments

  1. Fees: You agree to pay the Membership fees as described in Apple's App Store at the time of purchase. Any payment terms presented to you in the process of obtaining your Membership through Apple's App Store are deemed part of this Agreement.
  2. Billing: All payments for Rello Memberships are processed through Apple's App Store. The processing of payments will be subject to the terms, conditions, and privacy policies of Apple in addition to this Agreement. Rello is not responsible for any errors by Apple in the payment process.
  3. Auto-renewal: Unless you opt out of auto-renewal, your Membership will automatically renew at the end of each subscription period. You can turn off auto-renewal at any time by going to your Account Settings in Apple's App Store.
  4. Cancellation: You may cancel your Membership at any time through your Apple App Store account settings. If you cancel, you may continue to use your Membership until the end of your then-current term. However, you won't be eligible for a prorated refund of any portion of the Membership fee paid for the then-current subscription period.
  5. Price Changes: Rello reserves the right to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes to your Service will take effect following email notice to you. Please note that price changes are subject to Apple's App Store policies and procedures.
  6. Refunds: Refunds are handled by Apple according to their policies. Rello does not have the ability to issue refunds for purchases made through Apple's App Store.

Free Trial

Rello offers a 7-day free trial of our monthly membership to eligible new users. The following terms govern the Free Trial:

  1. Eligibility: The Free Trial is available to new users who have not previously had a Rello membership or participated in a Free Trial. Eligibility is determined at Rello's sole discretion.
  2. Trial Period: The Free Trial period lasts for 7 days from the date of enrollment. During this period, you will have access to all features included in the monthly membership.
  3. Automatic Conversion: At the end of the Free Trial period, unless you cancel, your membership will automatically convert to a paid monthly membership, and you will be charged the then-current monthly fee. The membership will continue on a month-to-month basis until canceled.
  4. Cancellation: You may cancel your Free Trial at any time before the end of the 7-day trial period to avoid being charged. To cancel, you must do so through your Apple App Store account settings. If you do not cancel before the end of the Free Trial period, your account will automatically convert to a paid membership as described above.
  5. Limit on Free Trials: Rello reserves the right to limit the number of Free Trials a user may use and to modify or terminate the Free Trial offer at any time without prior notice.
  6. No Refund: If you do not cancel before the end of the Free Trial period and are subsequently charged for the paid membership, no refund will be provided for any portion of the first paid membership period.
  7. Modification of Trial Terms: Rello reserves the right to modify the terms of the Free Trial offer at any time. Any changes will not affect Free Trials that are already in progress.

Intellectual Property

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Services are protected under applicable copyrights, trademarks, and other proprietary rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Services, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Services.

Termination

We reserve the right to terminate or suspend your access to the Services or any portion thereof at any time, without prior notice, for any reason or no reason. Upon termination, your right to use the Services will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimers and Limitations of Liability

To the fullest extent permitted by applicable law:

  1. The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
  2. Rello disclaims all liability, whether based in contract, tort (including negligence), strict liability, or otherwise, and does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary, or otherwise) resulting from any use of, or inability to use, the Services or any other site linked to the Services, regardless of the basis upon which liability is claimed and even if Rello has been advised of the possibility of such loss or damage.
  3. In no event shall Rello be liable for any damages (including, without limitation, incidental, special, or consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, in excess of one hundred dollars ($100), even if Rello has been advised of the possibility of such damages.
  4. Rello is not responsible for any issues arising from the use or performance of any third-party hardware or software used in conjunction with our Services. Any concerns related to such third-party products should be directed to their respective manufacturers or service providers.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Rello, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use, or misuse of the Rello content or Services. Rello shall provide notice to you of any such claim, suit, or proceeding. Rello reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Rello's defense of such matter.

Changes to Services and Terms

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Rello shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.

Governing Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in Lake Forest, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms constitute the entire agreement between you and Rello regarding the use of the Services, superseding any prior agreements between you and Rello relating to your use of the Services.

Contact Us

If you have any questions about these Terms, please contact us at [Your Support Email].

Notice for California Residents

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.