Terms of service

OVERVIEW

Welcome to Move Up Mobility! The terms "we", "us" and "our" refer to Move Up Mobility. Move Up Mobility operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Move Up Mobility is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as medical disclaimers, warranty disclaimers, and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS, ELIGIBILITY, AND ACCOUNT SECURITY

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials, passwords, and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person. We reserve the right to refuse service to anyone for any reason at any time.

SECTION 2 - OUR PRODUCTS & CRITICAL MEDICAL DISCLAIMER

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to depictions rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

⚠️ MEDICAL & PHYSICAL FITNESS DISCLAIMER

Move Up Mobility provides physical wellness and recovery tools (including but not limited to the Pro-Reach Extended Handle Massage Gun, Thermal-Relief Heating Knee Brace, and Pro-Training Resistance Band Set) alongside digital workout plans.

NOT MEDICAL ADVICE: The contents of our website, video libraries, customer communications, and digital programming are for informational and educational purposes only and do not constitute professional medical advice, diagnosis, prescription, or treatment.

CONSULT YOUR HEALTHCARE PROVIDER: Always seek the advice of a physician or other qualified healthcare provider before beginning any new exercise routine or using physical therapy and recovery tools, especially if you have pre-existing acute or chronic injuries, joint conditions, cardiovascular issues, vascular disease, pacemakers, or are pregnant.

ASSUMPTION OF RISK: By purchasing or utilizing our physical products or digital workout plans, you acknowledge that physical exercise and deep tissue therapy carry inherent risks of injury. You voluntarily assume all risks associated with your use of Move Up Mobility products and guides. Move Up Mobility, its affiliates, and its partners are not liable for any injuries, ailments, physical regressions, or health complications resulting from the use or misuse of our information, services, or equipment.

SECTION 3 - ORDER ACCEPTANCE AND CONTRACT FORMATION

When you place an order, you are making an offer to purchase. Move Up Mobility reserves the right to accept or decline your order for any reason at its sole discretion. Your order is not accepted until Move Up Mobility confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Move Up Mobility may be unable to accommodate cancellation or adjustment requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale, distribution, or export.

SECTION 4 - PRICES, PROMOTIONS, AND BILLING ACCURACY

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices posted in our online stores may differ from prices offered in physical retail locations or third-party marketplaces. We may offer, from time to time, promotions on the Services that are governed by terms separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other details, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your financial institution or credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING, DELIVERY, AND RISK OF LOSS

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not strictly guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, labor disruptions, or environmental events outside our control. Once we transfer products to the shipping carrier, legal title and risk of physical loss pass entirely to you. All physical fulfillments are explicitly governed by our separate Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY & DIGITAL LICENSE

Our Services, including but not limited to all trademarks, brands, text, layouts, user experiences, software code, displays, images, graphics, product reviews, video sequences, and audio tracks, and the design, selection, and arrangement thereof, are owned by Move Up Mobility, its affiliates, or licensors and are protected by United States and foreign patent, copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. For our digital products (Workout Plans, Training Guides, and Digital Portals), you are granted a single-user, non-exclusive, non-transferable, revocable license for personal use.

You must not reproduce, distribute, modify, share access across multiple external devices, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on the Services without our explicit prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Move Up Mobility, Shopify, or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are strictly reserved by Move Up Mobility.

SECTION 7 - OPTIONAL THIRD-PARTY TOOLS

You may be provided with access to customer tools and integrations offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS AND SERVICES

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party tracking, review plugins, or application functionality). We are not responsible for examining or evaluating the content, compliance, or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so entirely at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - EXPLICIT RELATIONSHIP WITH SHOPIFY

Move Up Mobility is powered by Shopify, which enables us to provide the infrastructure for our Services to you. However, any sales and purchases you make in our Store are made directly with Move Up Mobility. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Move Up Mobility, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases, digital access, and transactions with Move Up Mobility.

SECTION 10 - PRIVACY POLICY & DATA HANDLING

All personal information we collect through the Services is strictly subject to our Privacy Policy. Because our Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to securely provide and improve the platform infrastructure. Information you submit to the Services will be transmitted to and shared with Shopify as well as specialized operational third parties (such as payment gateways and fulfillment houses) that may be located in countries other than where you reside, in order to fulfill services to you. By using the Services, you acknowledge that you have read and understood our tracking and processing architectures.

SECTION 11 - CUSTOMER FEEDBACK, REVIEWS, AND SUBMISSIONS

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, product reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free, fully paid license to use, reproduce, modify, publish, distribute, translate, and display such Feedback in any medium for any purpose, including for marketing and commercial use. We may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You further agree that your Feedback will not contain computer viruses or other malware that could in any way affect the operation of the Services. You may not use a false email address or pretend to be someone other than yourself. You are solely responsible for any Feedback you make and its accuracy.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - COMPREHENSIVE PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

For any unlawful or malicious purpose;
To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or threaten any of our employees or any other person;
To transmit false or misleading information;
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
To impersonate or attempt to impersonate any other person or entity;
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Move Up Mobility, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to:

Upload or transmit viruses, trojan horses, or any other type of malicious code;
Reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services;
Collect or track the personal information of others;
Spam, phish, pharm, or pretext the services;
Use any robot, spider, scraping software, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI, LLMs, or neural scrapers) or automated or manual means to scrape, index, or access the Services;
Interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other firewalls we employ to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account or device access at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AUTOMATED AGENTS AND AI PROTOCOLS

14.1 Application: This section ("Agent Terms") applies explicitly if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software, LLM script, bot, or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed without direct human supervision.

14.2 Authorization: No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 Technical Mitigation: We may limit, including by technical measures (IP blocking, firewalls, token traps), whether and how any Agent accesses, uses, and interacts with Services.

14.4 Protocol Requirements: Agents must:

In all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the precise name and operator of the Agent by including the following in the request's user agent string: "Agent/[agent name]";
Not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction rhythms, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans;
Respond truthfully to any programmatic prompt seeking to determine if interactions are coming from a human or a computer;
Not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION OF SERVICES

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will explicitly continue to apply following any termination: Section 2 (Medical Disclaimer), Section 6 (Intellectual Property), Section 11 (Feedback), Section 15 (Termination), Section 16 (Disclaimer of Warranties), Section 17 (Limitation of Liability), Section 18 (Indemnification), Section 19 (Severability), Section 20 (Entire Agreement), Section 21 (Assignment), Section 22 (Governing Law), and any other provisions that by their nature should legally survive termination.

SECTION 16 - COMPREHENSIVE DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY Move Up Mobility, THE SERVICES AND ALL PRODUCTS AND PROGRAMMING OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - STRICT LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Move Up Mobility, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE TO BODY OR HEALTH, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Move Up Mobility, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER & ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW AND VENUE

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Move Up Mobility is headquartered. You and Move Up Mobility consent to venue and personal jurisdiction in such courts.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - AMENDMENTS & CHANGES TO TERMS

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.