Terms for using Mobr

These Terms and Conditions ("Terms") are a legal agreement between you and Mobr ("Mobr", "we", "us" or "our") governing your use of the Mobr app, website at trymobr.com and related services (together, the "Service"). By creating an account, selecting the acceptance checkbox, purchasing a subscription or using the Service, you agree to these Terms and acknowledge the Privacy Policy. If you do not agree, do not create an account or use Mobr.

You must be at least 18 years old and legally capable of entering a binding agreement to use Mobr. By creating an account, you confirm that you meet these requirements.

Mobr is a fitness recovery and mobility app for adult athletes. With your permission, it imports authorised recent training information from supported services, considers factors such as sport mix, duration, frequency, elevation and effort together with the preferences and same-day stiff or sore areas you provide, and uses rules-based analysis to suggest short, general mobility, stretching, activation, breathing and recovery routines. Areas selected during the pre-session check-in are prioritisation inputs, not a diagnosis or guarantee that every generated routine will contain a particular movement. Mobr also lets you record completion and feedback, manage recovery preferences, receive optional reminders and, where supported, share completed routines.

Mobr is not a medical device, healthcare provider, emergency service or substitute for professional assessment. Suggestions are automated and may not account for an injury, condition, pregnancy, medication, disability, technique, environment or other personal circumstance. Do not use Mobr to decide whether you are fit to train, race or return from injury. Seek advice from a qualified health professional before starting or changing an exercise program, especially if you have symptoms, an injury, a medical condition or doubts about whether an activity is suitable. In an emergency, contact emergency services.

Exercise, stretching, mobility work and use of recovery equipment involve inherent risks, including soreness, strains, falls and aggravation of an existing or unknown condition. To the extent permitted by law, you choose whether and how to perform a suggestion and accept the risks inherent in physical activity. Use a safe area, inspect equipment, follow manufacturer instructions, move within a comfortable range, and stop if a movement feels unsafe. This clause does not exclude rights or liability that cannot lawfully be excluded.

Training data and user inputs may be incomplete, delayed or inaccurate. Mobr does not promise that a routine will prevent injury, relieve pain, improve recovery or performance, or produce any particular result. Recommendations are general and may not suit every user or occasion.

You must provide accurate information, keep your login credentials secure, maintain only your own account, and notify us promptly of suspected unauthorised use. You are responsible for activity through your account except to the extent caused by our breach of law or failure to use due care. You must not access another person's account; probe, disrupt or circumvent security; scrape or reverse engineer the Service except where the law permits; introduce malicious code; misuse data from a connected service; or use Mobr unlawfully or in a way that harms others.

Fitness integrations are optional and require your authorisation and, where applicable, an account with the relevant provider. Mobr currently supports Strava, Google Health API (including supported Fitbit and Pixel activity data available through Google Health), and read-only Apple Health workout import on compatible iPhones. We will update the Privacy Policy's integration list as providers are added or removed.

Your use of Strava, Google and other third-party services is also governed by their terms and privacy practices. Those services are not controlled by Mobr, and their availability, data, permissions or APIs may change. You authorise Mobr to access and use permitted data only to provide your Mobr experience and to send data back to a provider only when you request or enable a supported sharing feature. You must not use Mobr to expose another person's connected-service data or violate a provider's rules. You may disconnect an integration at any time; doing so may disable data-dependent features.

Apple controls HealthKit permissions. If you connect Apple Health, you authorise Mobr to read the workout fields you approve and upload a copy to Mobr for recent-training analysis and recovery personalisation as described in the Privacy Policy. Mobr does not write to or change Apple Health. You can change permission in iOS Settings or the Health app and can disconnect inside Mobr; disconnecting removes Mobr's imported copies and routines derived from them but does not alter the original information on your device.

Connected fitness services and other third-party service providers are not parties to these Terms and make no warranties about Mobr or the Service. To the maximum extent permitted by law, those third parties are not liable to you for consequential, special, incidental, punitive or indirect damages arising from Mobr or your use of the Service. Nothing in this paragraph limits a right or remedy that cannot lawfully be excluded.

A subscription pays for Mobr's recovery guidance, exercise library, routine generation, progress tools and other Mobr functionality. Mobr does not charge for access to a third-party fitness API, for connecting an integration account, or for the third-party service's functionality itself.

• Available plans, prices, currencies, taxes, billing periods and any savings statement are shown in the checkout for your store and location. The store checkout price takes priority over any earlier screenshot, promotional material or example.
• Mobile purchases are processed by Apple through the App Store or by Google through Google Play. RevenueCat validates purchases and keeps Mobr's subscription entitlement in sync. Supported web purchases may be processed by Stripe. By subscribing, you authorise the applicable payment provider to charge the displayed amount and taxes to your selected payment method under that provider's terms.
• Subscriptions automatically renew for the same billing period at the price shown by the applicable store unless cancelled. You must cancel through the platform where you purchased—Apple App Store, Google Play or the supported web billing portal—before the renewal or trial deadline shown there. Cancellation stops future renewal and access generally continues until the end of the paid period unless the store or law provides otherwise.
• Eligible new subscribers may be offered a seven-day free trial where the checkout displays that offer. Trial availability is determined by the applicable store and may be limited to one introductory offer per eligible account or subscription group. Unless you cancel before the deadline shown by the store, the trial converts to the selected paid plan at the displayed price and renews automatically.
• Deleting Mobr, uninstalling the app, signing out or deleting your Mobr account does not itself cancel a store subscription. Cancel the subscription separately with the payment platform. Purchase restoration requires the relevant store account and your Mobr account, and access may be synchronised across supported devices signed in to the same Mobr account.
• We may change prices prospectively. Apple, Google or the applicable billing provider will provide any notice or request for consent required for a price change. A changed price applies only as permitted by that platform and law, and you may cancel before it takes effect.
• Refund requests for App Store or Google Play purchases are handled under the applicable store's process and policies. Except where the store grants a refund or the Australian Consumer Law or another law requires one, fees for a completed billing period are not refundable merely because you changed your mind or did not use the Service.

You can manage an Apple subscription through your App Store subscriptions or a Google Play subscription through your Google Play subscriptions.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law or other law that cannot lawfully be excluded, restricted or modified.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Mobr and its licensors own the Service, software, design, branding, text, exercise library, selection logic and other Mobr content, excluding your content and third-party material. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own non-commercial recovery and mobility purposes. No ownership transfers to you. “Mobr” and associated branding may not be used without permission. Third-party names and marks belong to their owners.

You retain ownership of information and content you submit. You grant Mobr a non-exclusive, worldwide, royalty-free licence to host, copy, process and display it only as reasonably necessary to operate, secure and improve the Service for you and comply with law, subject to our Privacy Policy. You confirm you have the right to provide it and that it is not unlawful or harmful. If you voluntarily send product ideas or feedback, we may use them without restriction or payment, but we will not publicly identify you without permission.

You may stop using Mobr and delete your account using the available controls. Cancelling a paid subscription is a separate action that must be completed with the platform where it was purchased, as explained in section 9. We may suspend or terminate access where reasonably necessary for security, legal compliance, non-payment, material or repeated breach of these Terms, or protection of Mobr, users or third parties. Where practicable, we will give notice and an opportunity to remedy a breach. We will not use this right to avoid providing a remedy required by law. On termination, your licence ends; provisions intended to survive, including payment obligations, intellectual property, consumer rights and liability terms, continue. Data is handled as described in the Privacy Policy.

We may maintain, improve, add to or discontinue features. Mobr may sometimes be unavailable because of maintenance, outages, security events or third-party changes. We do not promise uninterrupted or error-free availability. For a material change to a paid Service, we will give reasonable notice where practicable and provide any remedy required by law. Integration-dependent features may stop if a connected service changes or withdraws API access.

Subject to section 10 and to the maximum extent permitted by law, the Service is provided on an “as available” basis and we exclude implied warranties that may lawfully be excluded. We are not liable for indirect, incidental, special or consequential loss, loss of profits, opportunity or data, or loss caused by third-party services, inaccurate user or connected-service data, misuse of Mobr, or risks inherent in exercise, except to the extent caused by our negligence, breach of these Terms or other liability that cannot be excluded.

Where the law permits us to limit a remedy for breach of a guarantee, our liability is limited, at our option, to resupplying the Service or paying the reasonable cost of having it supplied again. This limitation does not apply where it would be unfair, unreasonable or unlawful, or to liability that cannot be limited.

To the extent permitted by law, you indemnify Mobr against reasonable third-party claims, losses and costs directly arising from your unlawful use of the Service, your material breach of these Terms, or content you submit that infringes another person's rights. This indemnity is reduced to the extent that Mobr or another person caused or contributed to the loss, and it does not require you to indemnify Mobr for its negligence, breach of law or failure to use due care.

These Terms are governed by the laws of Victoria, Australia. Before starting court proceedings, you and Mobr agree to try in good faith to resolve a dispute by written notice and discussion for at least 30 days, unless urgent relief is needed. Nothing in this section prevents you from contacting a regulator, bringing a claim in a tribunal or court available under consumer law, or exercising a right that cannot be restricted. Subject to those rights, the courts of Victoria and courts entitled to hear appeals from them have non-exclusive jurisdiction.

We may update these Terms for changes to the Service, law, security or business operations. We will publish the new date and give reasonable notice of material changes. A material change will apply prospectively. If you do not agree, you may stop using Mobr and cancel before the change takes effect. Continued use after the effective date constitutes acceptance where permitted by law; we will seek express acceptance where required.

If a provision is invalid or unenforceable, it will be read down to the minimum extent necessary and the remaining provisions continue. A delay in enforcing a right is not a waiver. You may not transfer your account or these Terms without our consent. We may transfer these Terms as part of a genuine restructure or sale, provided this does not reduce non-excludable rights. These Terms and the Privacy Policy form the agreement about the Service, subject to representations and rights that cannot lawfully be excluded.

Email: trymobr@gmail.com
Website: trymobr.com
Country of operation: Australia