Move Your Body. Unblock Your Mind.

Mobile Application Terms and Conditions

Effective Date: June 1, 2026
Last Updated: June 1, 2026

These Terms and Conditions (the “Terms”) govern your access to and use of the Dynamic Running Therapy mobile application and any related content, features, and services made available through it (the “App”). The App is operated by Dynamic Running Therapy LLC, 38 Davis Hill Road, Weston, CT 06883 USA (“DRT,” “we,” “us,” or “our”). References to “you” mean the person who downloads, installs, or uses the App.

PLEASE READ THESE TERMS CAREFULLY. BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS AND BY THE DRT PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, OR USE THE APP AND DELETE ANY COPIES FROM YOUR DEVICE.

These Terms include an arbitration agreement and class-action waiver for users in the United States, a one-year limitation period for claims, and limitations on our liability. Region-specific provisions appear in Section 16.

1. The App and Its Purpose

   1. DRT The App is a self-guided wellness application combining guided audio sessions, mindfulness prompts, reflective questions, mood tracking, note taking, and running or walking route tracking. The App is designed to support general well-being.
   2. THE APP IS NOT A MEDICAL DEVICE. IT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR CONDITION, INCLUDING ANY MENTAL HEALTH CONDITION. THE APP DOES NOT PROVIDE MEDICAL, PSYCHOLOGICAL, PSYCHIATRIC, OR PSYCHOTHERAPY SERVICES, AND DOES NOT CREATE A CLINICIAN-PATIENT RELATIONSHIP. THE CONTENT OF THE APP IS PROVIDED FOR GENERAL EDUCATIONAL AND WELLNESS PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL CARE.
   3. If you are experiencing a mental health crisis, suicidal thoughts, self-harm thoughts, or a medical emergency, stop using the App and contact your local emergency services or a qualified healthcare professional immediately. In the United States, you may call or text 988. In the United Kingdom, you may call 999 or the Samaritans at 116 123. In the European Union, you may call 112.
   4. You acknowledge that any decision about your physical or mental health should be made in consultation with a qualified healthcare professional and that you use the App at your own risk and on your own responsibility.

2. Definitions

   1. “DRT Essentials” means the free tier of the App, which provides limited access to the features described in Section 5.
   2. “DRT Unlimited” means the paid subscription tier of the App, which provides the expanded access described in Section 6.
   3. “Application Provider” means Apple Inc. or Google LLC, as applicable, depending on the platform through which you obtained the App.
   4. “User Content” means content you create on your device through your use of the App, namely your written notes, voice recordings, mood diary entries, and the route logs generated by the map feature. User Content does not include your account or profile information, which is addressed separately in the Privacy Policy.
   5. “Privacy Policy” means the DRT Privacy Policy, available within the App and at https://www.dynamicrunningtherapy.co.uk/privacy-policy, as updated from time to time.

3. Eligibility and Account Registration

   1. To use the App, you must meet the minimum age in your country: 13 years if you are in the United States; 16 years if you are in the European Economic Area, the United Kingdom, or Switzerland; and 18 years in all other countries where the App is available. If you are under the age of majority in your country, you represent that a parent or legal guardian has reviewed these Terms and consents on your behalf.
   2. You may need to create an account to use certain features. You must provide accurate, current, and complete information when creating your account and keep that information up to date.
   3. You are responsible for safeguarding your account credentials and for any activity that occurs under your account. Notify us immediately at info@dynamicrunningtherapy.co.uk if you suspect unauthorized access to your account.
   4. You may not create an account by impersonating another person, by using another person’s information, or by creating more than one account where doing so circumvents these Terms or any feature limit.

4. License Grant and License Restrictions

   1. License grant. Subject to your compliance with these Terms, DRT grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a mobile device that you own or control, solely for your personal, non-commercial use, and to access and use the content and services made available through the App in accordance with these Terms.
   2. Reservation of rights. The App is licensed, not sold. DRT and its licensors retain all right, title, and interest in and to the App and all related materials, including all intellectual property rights. You do not acquire any ownership interest in the App.
   3. License restrictions. You will not, and will not permit any third party to:
      1. copy the App, except as expressly permitted by this license;
      2. modify, translate, adapt, or create derivative works of the App or any portion of it;
      3. reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or gain access to the source code of the App, except to the extent applicable law expressly prohibits this restriction;
      4. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the App available to any third party;
      5. remove, alter, or obscure any copyright, trademark, or other proprietary rights notices in the App;
      6. use any robot, spider, scraper, or other automated means to access the App, or attempt to monitor or copy any part of the App;
      7. use the App in a manner that could disable, overburden, damage, or impair it, or interfere with another user’s use;
      8. circumvent any access controls, rate limits, or digital rights management mechanisms;
      9. use the App in connection with the design, construction, maintenance, or operation of safety-critical systems, including medical or life-support systems, or systems whose failure could result in personal injury or environmental harm;
      10. use the App in violation of any applicable law or regulation, or to harass, threaten, defame, or harm any person;
      11. use the App for competitive intelligence, benchmarking, or training AI models.

5. DRT Essentials (Free Tier)

   1. DRT Essentials is provided to you free of charge and gives you access to a limited set of App features. DRT Essentials includes:
      1. the introductory tutorial to the App;
      2. a limited number of guided audio sessions, including a sample relaxation session;
      3. the route mapping feature, available for a limited number of sessions per period as specified within the App;
      4. the mood diary, with a limited number of new mood entries per period as specified within the App; you retain ongoing access to mood entries you have already recorded;
      5. the note-taking feature, including written notes and voice recordings, in a quantity and duration specified within the App; and
      6. the standard community section described in Section 9.
   2. The specific numerical limits applicable to DRT Essentials (such as the number of entries permitted per period and the maximum length of a voice recording) are disclosed within the App and may change from time to time. We will give you at least 14 days’ notice within the App before reducing any usage limit that materially affects you.
   3. DRT Essentials is provided on the basis that you understand the App is a wellness product. The disclaimers in Section 1 apply with full force.

6. DRT Unlimited (Paid Subscription)

   1. DRT Unlimited is a paid subscription tier that, subject to these Terms, removes the usage caps that apply to DRT Essentials. DRT Unlimited includes:
      1. unlimited access to guided audio sessions across all programs available within the App;
      2. unlimited use of the route mapping feature, subject only to the technical limits of your device and operating system;
      3. unlimited mood diary entries;
      4. unlimited written notes;
      5. voice recordings of unlimited duration, subject to the storage and recording capabilities of your device; and
      6. access to the expanded community section described in Section 9.
   2. Subscription terms; billing. Subscriptions to DRT Unlimited are sold and billed through the Application Provider (Apple App Store or Google Play). The price, billing cycle, and renewal terms displayed at the point of purchase are part of these Terms. By subscribing, you authorize the Application Provider to charge you on a recurring basis until you cancel. DRT disclaims any liability for billing errors or failures by the Application Provider.
   3. Free trial. Where a free trial is offered, you may use DRT Unlimited at no charge for the trial period stated at the point of subscription. If you do not cancel before the end of the trial, your subscription will automatically convert to a paid subscription and you will be charged the then-current price for the subscription term you selected.
   4. Auto-renewal. Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the renewal date through your Application Provider account settings. We do not process cancellations directly.
   5. Cancellation; refunds. You may cancel a subscription at any time through your Application Provider account settings. Cancellation will be effective at the end of the current paid period and you will continue to have access to DRT Unlimited until that date. Refund eligibility is governed by the Application Provider’s refund policy. DRT has no obligation to provide refunds beyond what the Application Provider grants. Where applicable law (including in the United Kingdom, the European Economic Area, Australia, and certain US states) grants statutory cancellation, withdrawal, or refund rights, those rights are preserved and prevail to the extent they would otherwise be limited by this Section.
   6. Price changes. We may change the subscription price from time to time. We will give you advance notice of any price change for renewals, in the manner required by your Application Provider and by applicable law, and you will have the opportunity to cancel before the change takes effect. In jurisdictions where a longer or more specific notice period is required, we will comply with those requirements.

7. Storage of Your User Content

   1. Local-only storage. Your User Content (including voice recordings, written notes, mood diary entries, and route logs from the map feature) is created and stored exclusively on the device on which you use the App. DRT does not transmit, sync, upload, host, back up, or otherwise access your User Content. We do not have, and cannot obtain, copies of your User Content from our systems.
   2. No cross-device sync. Because your User Content remains only on the device where it was created, it will not be available on any other device. If you install the App on a second device, you will start with an empty data set on that device. The App does not provide a feature to export, transfer, or merge User Content between devices.
   3. Risk of loss. You are solely responsible for safeguarding your User Content. User Content will be permanently and irretrievably lost if you delete the App, uninstall and reinstall it, factory reset your device, lose your device, replace your device, or if your device is damaged or malfunctions. DRT cannot recover User Content under any of these circumstances. DRT recommends that you regularly back up your device using your device’s native backup functionality (such as iCloud or Google backup) to help protect against data loss. DRT does not guarantee that any native backup will capture or restore App data. To the maximum extent permitted by law, DRT has no liability for the loss, deletion, or unavailability of your User Content.
   4. Information that is processed by DRT. Separate from your User Content, DRT does process certain other information in connection with your use of the App, including your account details, subscription status received from the Application Provider, device and diagnostic information, and aggregated usage information. The categories of information, the purposes for which we process it, and the legal bases on which we rely are described in the Privacy Policy. You should read the Privacy Policy carefully and warrant that you have done so. To the extent of any conflict between these Terms and the Privacy Policy on matters of personal data, the Privacy Policy governs.

8. Map and Location Services

   1. The route mapping feature uses your device’s GPS, with your permission, to record the path you have walked or run during a session, along with distance, pace, and time. You may turn location access on or off at any time in your device settings; doing so will limit or disable the mapping feature.
   2. You acknowledge that GPS data may be inaccurate, and that the App relies on third-party map providers whose data may be incomplete or out of date. You should not rely on the App for navigation, safety, or emergency purposes.
   3. You are responsible for your own physical safety while using the App outdoors, including for choosing routes that are appropriate for your fitness level and for following local laws and traffic regulations.

9. Community Section

   1. The App includes a curated community section featuring written reflections, audio recordings, or other contributions from authors and contributors selected by DRT. DRT Essentials users have access to a standard selection. DRT Unlimited users have access to an expanded selection of community content. The community section is available to all users on the same basis, regardless of tier.
   2. Community content is provided for your information and general well-being and is not professional advice. The views expressed by contributors are their own and not necessarily those of DRT.
   3. DRT owns or has licensed the rights necessary to make community content available within the App. You may not copy, redistribute, modify, or publish community content outside the App.

10. Information About Therapists

    1. The App is not a therapy or counseling service and does not connect you with a therapist. If you contact us at info@dynamicrunningtherapy.co.uk asking about professional support, we may, where we are able to, share publicly available information about accredited directories of therapists in your region.
    2. DRT does not endorse, recommend, vet, or take responsibility for any therapist, clinician, or service listed in a directory we may point you to. We make no representation that any directory will list a suitable provider in your area, or that any provider is qualified, available, or appropriate for your circumstances. Choosing a therapist is your decision, and any relationship that results is solely between you and that therapist.
    3. To the maximum extent permitted by law, DRT has no liability for any act, omission, recommendation, advice, treatment, or outcome arising from your engagement with any therapist or service identified through information we may share. Directory information may be out of date, incomplete, or inapplicable to your jurisdiction.

11. Your User Content

    1. You own your User Content. Because your User Content is created and stored exclusively on your device (see Section 7), DRT does not collect, host, store, transmit, modify, or otherwise process your User Content as part of providing the App, and you do not grant DRT any license in your User Content. The only access to your User Content is the access you yourself have through the App on your device.
    2. You are solely responsible for your User Content, including for ensuring that creating or retaining the User Content on your device is lawful. You are responsible for backing up your User Content and bear the risk of its loss as described in Section 7.3.
    3. If you choose to share, export, or transmit User Content outside the App by any means (for example, by reading a note aloud, screen-capturing it, or using your device’s native sharing features), you do so at your own discretion and risk, and you are responsible for that further distribution. You agree to indemnify DRT against any third-party claims arising from your sharing of User Content.

12. Prohibited Uses

    1. You agree not to use the App:
       1. in any manner that violates any applicable law or regulation;
       2. to exploit, endanger, or attempt to exploit or endanger any person, including any minor;
       3. to send, upload, transmit, or distribute any material that is unlawful, threatening, defamatory, obscene, harassing, hateful, or otherwise objectionable;
       4. to impersonate any person or to misrepresent your identity or affiliation with any person or organization;
       5. to interfere with or disrupt the App, our servers, or any user’s use of the App;
       6. to attempt to access any account or area of the App that you are not authorized to access;
       7. to upload viruses, worms, malware, or other technologically harmful material; or
       8. to use the App to develop a competing product or to extract content from the App for use in another product or service.

13. Application Provider Terms

    1. Apple App Store

       1. If you downloaded the App from the Apple App Store, the following terms apply, and in case of conflict with anything else in these Terms, the following terms prevail with respect to your use of the App on an Apple device.
       2. These Terms are between you and DRT only, and not with Apple Inc. (“Apple”). Apple is not responsible for the App or its content.
       3. The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
       4. Apple has no obligation to provide any maintenance or support services for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
       5. DRT, not Apple, is responsible for addressing any claims by you or a third party relating to the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
       6. DRT, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim relating to the App.
       7. You represent and warrant that you are not located in a country subject to a US Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any US Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple has the right to enforce these Terms against you as a third-party beneficiary.

    2. Google Play

       1. If you downloaded the App from Google Play, you also agree to comply with the Google Play Terms of Service and the Google Play Developer Distribution Agreement, as applicable. Google LLC is not a party to these Terms and has no obligations or liabilities under them. In case of conflict between these Terms and Google’s terms, Google’s terms apply to the extent of that conflict for users on the Google Play platform.

14. Disclaimer of Warranties

    1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DRT, ITS AFFILIATES, AND ITS LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
    2. WITHOUT LIMITING THE FOREGOING, DRT DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APP WILL ACHIEVE ANY PARTICULAR WELLNESS, HEALTH, FITNESS, OR EMOTIONAL OUTCOME.
    3. Some jurisdictions do not allow the exclusion of implied warranties or limitations on statutory consumer rights, so some or all of the above exclusions may not apply to you. Your statutory consumer rights, including those described in Section 16, are not affected.

15. Limitation of Liability

    1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DRT, ITS AFFILIATES, AND ITS LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DRT’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE AGGREGATE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. ALL AMOUNTS ARE CALCULATED IN THE CURRENCY IN WHICH YOU WERE BILLED.
    3. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, liability for fraud or fraudulent misrepresentation, and any non-excludable rights or remedies a consumer has under the laws of the consumer’s country or state of residence.

16. Region-Specific Provisions

    1. The provisions in this Section apply to users in the listed regions and override anything inconsistent in these Terms.

    2. United States

       1. Federal arbitration agreement. Except for claims for injunctive relief and small-claims-court actions, you and DRT agree that any dispute arising out of or relating to these Terms or the App will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in the English language, with the seat of arbitration in New York, New York. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this provision.
       2. Class-action waiver. YOU AND DRT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. If a court determines that this class-action waiver is unenforceable, then the entire arbitration agreement in Section 16.2.1 is null and void as to the claim concerned.
       3. Thirty-day opt-out. You may opt out of the arbitration agreement and class-action waiver in this Section 16.2 by sending written notice to arbitration-optout@dynamicrunningtherapy.co.uk within thirty (30) days of first accepting these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration.

    3. California (USA)

       1. California Consumer Privacy Act. If you are a California resident, you have specific rights under the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100–1798.199.100, as amended by the California Privacy Rights Act. Those rights, and how to exercise them, are described in the Privacy Policy.
       2. Notice under Cal. Civ. Code § 1789.3. California users are entitled to the following consumer rights notice: if you have a complaint about the App or want more information about its use, you may contact us at info@dynamicrunningtherapy.co.uk. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

    4. Washington, Nevada, and Connecticut (Consumer Health Data)

       1. If you are a resident of Washington (RCW 19.373, the My Health My Data Act), Nevada (NRS Chapter 603A as amended by Senate Bill 370), or Connecticut (the Connecticut Data Privacy Act, Conn. Gen. Stat. § 42-515 et seq., including its protections for consumer health data), additional rights apply to “consumer health data” we process about you. Those rights, our purposes for collecting and processing such data, and the means for exercising your rights are described in the Privacy Policy. You may withdraw consent to the processing of your consumer health data, or request deletion of such data, by contacting info@dynamicrunningtherapy.co.uk.
       2. We do not sell consumer health data and do not share consumer health data for cross-context behavioral advertising. We will obtain your separate, valid authorization before collecting or sharing categories of consumer health data for which applicable law requires such authorization.

    5. European Economic Area and Switzerland

       1. Mandatory consumer rights. If you are a consumer resident in the European Economic Area or Switzerland, you have non-waivable rights under Directive 2011/83/EU on consumer rights, Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services, and the consumer-protection laws of your country of residence. Nothing in these Terms limits those rights.
       2. Right of withdrawal. Where you purchase a subscription remotely, you have a fourteen (14) day right of withdrawal from the date of the contract. By starting to use DRT Unlimited during the withdrawal period, you expressly consent to immediate performance and acknowledge that, to the extent the service has been fully performed, you lose the right of withdrawal in accordance with Article 16(m) of Directive 2011/83/EU.
       3. GDPR. Our processing of personal data is governed by Regulation (EU) 2016/679 (the General Data Protection Regulation) and the corresponding provisions of national law. The lawful bases on which we rely, your data subject rights, and the procedures for exercising them are set out in the Privacy Policy.
       4. Online dispute resolution. The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board. However, we encourage EEA users to contact us directly at info@dynamicrunningtherapy.co.uk for any disputes or concerns, as we are committed to resolving issues amicably and efficiently.

    6. United Kingdom

       1. Mandatory consumer rights. If you are a consumer resident in the United Kingdom, you have non-waivable statutory rights under the Consumer Rights Act 2015 and other applicable laws. Nothing in these Terms limits those rights. In particular, digital content supplied through the App must be of satisfactory quality, fit for a particular purpose, and as described, and must conform with information given to you by or on behalf of DRT.
       2. UK GDPR. Our processing of personal data of users in the United Kingdom is governed by the UK GDPR and the Data Protection Act 2018. Details are in the Privacy Policy.
       3. Right to cancel a distance contract. You have fourteen (14) days from the date of the contract to cancel a subscription under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. By starting to use DRT Unlimited during the cancellation period, you consent to immediate performance and acknowledge that the right to cancel may be lost once the service has been fully performed.

    7. Canada

       1. Consumer protection. If you reside in Canada, you have non-waivable rights under your provincial or territorial consumer protection legislation, including (where applicable) the Quebec Consumer Protection Act, CQLR c P-40.1. Nothing in these Terms limits those rights.
       2. Quebec residents. For users resident in Quebec, the parties agree, in accordance with article 91 of the Charter of the French Language, that these Terms be drawn up in the English language; les parties ont expressément convenu que les présentes Conditions ainsi que les documents s’y rapportant soient rédigés en langue anglaise. To the extent a French translation is provided, the English version prevails in case of conflict, except where applicable law requires otherwise. DRT will provide a French translation to Quebec users upon request.
       3. Privacy. Our processing of personal information is governed by the Personal Information Protection and Electronic Documents Act and the applicable provincial privacy legislation. Details are in the Privacy Policy.

    8. Australia

       1. Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law in Schedule 2, or any other applicable law that cannot be lawfully excluded.
       2. Major and non-major failures. If the App fails to meet a consumer guarantee that cannot be remedied, or the failure is a “major failure” as defined in the Australian Consumer Law, you are entitled to a refund or replacement and to compensation for any other reasonably foreseeable loss or damage. For failures that are not major, we may choose to repair, replace, or refund. These statutory rights are in addition to any other remedy available to you.
       3. Privacy Act. Our handling of personal information is regulated by the Privacy Act 1988 and the Australian Privacy Principles. Details are in the Privacy Policy.

    9. New Zealand

       1. Consumer Guarantees Act. If you acquire the App as a consumer in New Zealand, the Consumer Guarantees Act 1993 applies, and nothing in these Terms is intended to exclude, restrict, or modify any right or remedy you have under that Act. If you acquire the App for the purposes of a business, the Consumer Guarantees Act 1993 does not apply, and you and DRT agree to contract out of that Act under section 43.
       2. Privacy Act 2020. Our handling of personal information is regulated by the Privacy Act 2020 (NZ) and the Information Privacy Principles. Details are in the Privacy Policy.

    10. South Africa

        1. Consumer Protection Act. If you are a “consumer” within the meaning of the Consumer Protection Act 68 of 2008, the protections of that Act apply to your acquisition and use of the App, and nothing in these Terms excludes or limits any non-excludable right or remedy under that Act.
        2. POPIA. Our processing of personal information is governed by the Protection of Personal Information Act 4 of 2013 (“POPIA”). Details, including the identity of the responsible party and our information officer, are in the Privacy Policy. DRT will ensure that the Privacy Policy is always current with these details.

17. Term and Termination

    1. These Terms remain in effect while you use the App. You may terminate these Terms at any time by deleting the App from your devices and, if you have an account, closing your account by contacting info@dynamicrunningtherapy.co.uk.
    2. We may suspend or terminate your access to the App, or any part of it, at any time, with or without notice, if you breach these Terms; if continued provision of the App to you would expose DRT or another user to legal or safety risk; or if we cease to provide the App generally. Where we terminate without cause, we will refund the prorated portion of any prepaid subscription fees for the unused period, where required by law.
    3. The following Sections survive termination: 2 (Definitions), 4 (License Grant and License Restrictions), 7 (Storage of Your User Content), 9.3 (Community Content Restrictions), 10 (Information About Therapists), 11 (Your User Content), 12 (Prohibited Uses), 14 (Disclaimer of Warranties), 15 (Limitation of Liability), 16 (Region-Specific Provisions), 17 (this Section), 18 (Indemnification), 19 (Governing Law and Dispute Resolution), and 20 (General Provisions).

18. Indemnification

    1. To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless DRT, its affiliates, and its officers, directors, employees, agents, and service providers from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
       1. your breach of these Terms;
       2. your misuse of the App, including any prohibited use under Section 12; or
       3. your violation of any applicable law or the rights of a third party in connection with your use of the App.

       This Section does not require you to indemnify DRT in any circumstance prohibited by applicable consumer protection law and does not apply to liabilities arising from DRT’s own acts or omissions.

19. Governing Law and Dispute Resolution

    1. These Terms are governed by the laws of England and Wales, without regard to their conflict-of-laws principles. Subject to the region-specific provisions in Section 16, you and DRT agree that the courts of England and Wales have exclusive jurisdiction to resolve any dispute arising out of or relating to these Terms or the App, except that DRT may bring an action for injunctive relief in any court of competent jurisdiction.
    2. If you are a consumer, this Section does not deprive you of any protection afforded by mandatory provisions of the law of your country of residence, including the right to bring proceedings in the courts of your country of residence where applicable law permits.
    3. For users in the United States, Section 16.2 (Federal Arbitration Agreement and Class-Action Waiver) applies in lieu of Section 19.1 to the extent of any conflict.
    4. Limitation period. To the extent permitted by applicable law, any cause of action or claim you may have arising out of or relating to these Terms or the App must be commenced within one (1) year after the cause of action accrues; otherwise, the cause of action or claim is permanently barred. This limitation does not apply where a longer limitation period is required by mandatory law or for claims for personal injury.

20. General Provisions

    1. Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and DRT regarding the App and supersede any prior or contemporaneous agreement on the subject.
    2. Changes to the Terms. We may update these Terms from time to time. Where a change is material, we will give you notice within the App or by email, and the change will take effect no earlier than the date stated in the notice. For the purposes of this Section, ‘material’ changes are defined as changes that significantly affect your rights or obligations under these Terms. Your continued use of the App after the effective date of a change constitutes acceptance of the updated Terms. If you do not agree, your remedy is to stop using the App and cancel any subscription.
    3. Changes to the App. We may add, modify, or remove features of the App at our discretion, including in response to legal, security, or technical requirements. We will not materially reduce the functionality of a paid subscription tier during a paid period without giving notice and offering a prorated refund where required by law. For the purposes of this Section, ‘materially reduce’ means a reduction that significantly impacts the core functionality of the paid subscription tier.
    4. Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be enforced to the maximum extent permitted by law.
    5. No waiver. A failure or delay by DRT to enforce any provision of these Terms is not a waiver of that or any other provision.
    6. Assignment. You may not assign or transfer these Terms or any rights under them. DRT may assign these Terms to an affiliate, to a successor in interest by merger or acquisition, or to a buyer of the relevant assets, on notice to you.
    7. Force majeure. DRT is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil disturbance, labor disputes, internet or telecommunications failures, or governmental action.
    8. Headings. Headings are for convenience only and do not affect interpretation.
    9. Language. These Terms are drafted in the English language. Where DRT provides a translation, the English version prevails in the event of conflict, except where applicable law requires otherwise.
    10. No agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and DRT.

21. How to Contact Us

    Dynamic Running Therapy LLC,
    38 Davis Hill Road,
    Weston, CT 06883,
    USA.
    General inquiries: info@dynamicrunningtherapy.co.uk