Atlas Athlete Terms of Service
Effective Date: May 1, 2025
These Terms of Service (“Terms”) are a legally binding agreement between you (the “User,” “you,” or “your”) and MyMedicalHub Corporation (“MMH,” “we,” or “us”), governing your use of the Atlas Athlete platform and related services (“Service”). By accessing or using the Service, you agree to these Terms and our Privacy Policy.
1. Eligibility and Accounts
You must be at least 18 years old to use the Service. If you are under 18, a parent or legal guardian must review and accept these Terms and our Privacy Policy on your behalf before you use the Service. We do not knowingly allow anyone under 13 to sign up without verifiable parental consent, in compliance with the U.S. Children’s Online Privacy Protection Act (COPPA) (Source:
kirkland.com) If you are a parent or guardian authorizing a minor’s use, you agree to these Terms and our Privacy Policy for that minor user. Please see Section 10 of our Privacy Policy for details on parental consent for minors.
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to provide accurate information and to update it as needed.
2. Health and Activity Disclaimer
Atlas Athlete provides AI-generated and expert-guided feedback on physical movement and performance.
This content is for informational and educational purposes and is not a substitute for professional medical advice. Always consult a physician before beginning any exercise, wellness, or movement program.
By using the Service, you acknowledge that participating in physical activities involves inherent risks. You assume all risks related to your use of the Service.
MMH provides the Service “as is” without warranties, and disclaims liability for any injuries, health conditions, or outcomes that may result. To the maximum extent allowed by law, you agree to release, hold harmless, and indemnify MMH from any claims arising out of your use of the Service.
3. Payments and Subscriptions
Atlas Athlete may offer services on a pay-per-assessment basis or via subscription plans. All payments are processed securely by third-party payment processors (such as
Stripe, Inc.). By providing payment information, you authorize the charge and agree to the payment processor’s terms. (For example, see Stripe’s Terms of Service and Privacy Policy.) We do
not store your full credit card details on our servers.
All fees are stated in U.S. dollars.
Subscriptions will automatically renew at the end of each billing period unless you cancel. You can cancel at any time effective at the end of the current paid term. We reserve the right to change our pricing but will notify you of any material changes.
Except as required by law, payments are non-refundable once services are delivered. If a payment fails or cannot be processed, we may suspend or terminate your access to paid features.
4. Use of Personal Data
You acknowledge that MMH collects and uses personal data as described in our Privacy Policy. This includes analyzing your personal, biometric, and activity data (such as uploaded videos or movement metrics) to provide you with services, personalized reports, performance recommendations, and to improve our AI features (including our “Ask EMMA” virtual assistant). We may also use de-identified data to enhance and train our algorithms. All collection, use, and sharing of data is done in accordance with our Privacy Policy and applicable privacy laws (e.g. GDPR, CCPA).
By using the Service, you consent to MMH’s data practices as described. If you integrate third-party apps or devices (such as wearables) with the Service, you agree that we may receive data from those sources to provide the Service to you.
5. User Conduct and Acceptable Use
You agree to use Atlas Athlete in a lawful, respectful manner.
You will not:
- Misuse the Service: No hacking, scraping, or exploiting the platform for unauthorized purposes.
- Unauthorized Access: Do not access or attempt to access accounts or data that are not yours without permission.
- Reverse Engineering: Do not attempt to reverse engineer, decompile, or disrupt any software or functionality of the Service.
- Infringing or Harmful Content: Do not submit any content or data that is false, defamatory, obscene, harassing, infringing on others’ rights, or that violates any law.
We reserve the right to suspend or terminate your account if you violate these Terms or engage in behavior that is harmful to us or other users. You are responsible for any content you upload or provide; ensure you have the rights to share it and that it’s accurate to the best of your knowledge.
6. User Content and Feedback
By submitting or uploading any content (for example, your personal videos, movement assessments, or feedback) to the Service, you grant MMH a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, and display that content
solely for the purposes of operating and improving the Service. This license allows us to, for instance, analyze your videos to generate reports for you, train our AI models, or provide customer support. We will handle personal data in accordance with the Privacy Policy and will not publicly share your identifiable content without permission.
You retain ownership of your personal content. These Terms do not give us ownership of your content, only permission to use it as described. If you choose to terminate your account (or if we terminate it for violation), we will cease using your content except as permitted in the Privacy Policy (for example, retaining data for legal compliance or using de-identified data for improvements).
If you provide suggestions, ideas, or feedback to us about Atlas Athlete, you agree that we may use and implement them without compensation or obligation to you. Such feedback is entirely voluntary.
7. Third-Party Services and Integrations
Our Service may integrate with or provide links to third-party services, content, or platforms for your convenience – for example,
wearable fitness devices (Apple HealthKit, Fitbit, Garmin, etc.), analytics tools, or wellness apps. If you choose to connect or use any third-party integration,
your use of those third-party services is subject to their own terms and privacy policies, not ours. We encourage you to review their policies before granting access to your data.
MMH is
not responsible for third-party services or content. We do not guarantee the availability, security, or functionality of integrations provided by third parties. Any data you share with them or any ads/content they provide (for example, if our app content is distributed through a third-party platform that shows advertisements) are outside of our control.
However, if we distribute content via third-party platforms that include advertising, we will not share personal data of users under the age of 16 for targeted ads, in compliance with COPPA and other laws (kirkland.com). We strive to ensure such partners adhere to child protection regulations, but we cannot control general ads that a third-party platform may display. Use third-party integrations at your own risk.
8. Ownership and Intellectual Property
All content and materials provided through the Atlas Athlete Service – including software, code, text, graphics, logos, trademarks, videos produced by us, and the compilation of data – are
owned by or licensed to MMH and are protected by intellectual property laws.
We grant you a limited, revocable, non-transferable license to access and use the Service and its content
for your personal, non-commercial use in accordance with these Terms.
You may not copy, distribute, modify, create derivative works from, publicly display, or otherwise exploit our content or software without our express prior written permission, except as allowed by law (such as fair use) or as part of normal use of the Service. All rights not expressly granted to you are reserved by MMH and its licensors.
You also agree not to remove, obscure, or alter any copyright, trademark, or proprietary notices on the platform. “Atlas Athlete,” “MyMedicalHub,” and associated logos or slogans are trademarks of MMH. You may not use our name or branding in any way without our consent.
9. Termination of Service
You may stop using the Service and/or terminate your account at any time. To delete your account or data, please contact us as outlined in the Privacy Policy or use any available self-service account deletion feature.
MMH
reserves the right to suspend or terminate your access to the Service (or any part of it) at our discretion if you violate these Terms, violate applicable law, or if your use poses a security or legal risk to us or other users. We may also terminate the Service or any user account upon advance notice if we decide to discontinue the platform.
If your account is terminated (by you or by us), your right to access the Service ceases immediately. We have no obligation to retain or provide you with your content or data after termination,
except as described in our Privacy Policy. For example, we may retain certain information for legal compliance, security, backup, or analytics in accordance with the Privacy Policy’s data retention and deletion provisions.
10. Disclaimers of Warranty
Atlas Athlete is provided “AS IS” and “AS AVAILABLE” without warranties of any kind. MMH disclaims all warranties or conditions, express or implied, including but not limited to
implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will meet your expectations or achieve any specific results, nor that it will be error-free or uninterrupted.
You understand that
exercise and performance advice carries uncertainty; while we strive for accuracy,
we make no warranty that the information provided (including AI-generated insights) is complete, accurate, or suitable for every individual. We are not responsible for any third-party content or services accessed through our platform, which are provided solely for convenience.
Applicable laws in some jurisdictions may not allow certain warranty exclusions, so some disclaimers in this section may not apply to you to the extent disallowed by law.
11. Limitation of Liability
To the fullest extent permitted by law,
MMH and its officers, directors, employees, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of (or inability to use) the Service. This includes, without limitation, any
injury, lost profits, lost data, loss of goodwill, service interruption, or computer damage, even if we have been advised of the possibility of such damages.
In no event shall MMH’s total cumulative liability to you for all claims arising from or related to the Service or these Terms
exceed the amount (if any) you have paid to MMH for the Service in the twelve (12) months immediately preceding the event giving rise to liability. If you have not paid MMH any fees in that time, MMH’s liability shall be zero, to the extent allowed by law. This limitation applies regardless of the legal theory (contract, warranty, tort, strict liability, or otherwise).
Exceptions: Nothing in these Terms limits or excludes our liability for gross negligence, willful misconduct, or any other liability that cannot be limited by law. However, we do not assume liability for any risk that by law can be disclaimed.
Because some jurisdictions do not allow exclusion or limitation of certain damages, in such jurisdictions our liability will be limited to the maximum extent permitted by law.
12. Indemnification
You agree to
indemnify, defend, and hold harmless MMH, its affiliates, and their officers, directors, employees, and agents, from and against any and all third-party claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with:
- your access to or use of the Service (including any actions by anyone using your account),
- your violation of these Terms or of any applicable law or regulation,
- your infringement of any intellectual property or other rights of any third party, or
- any content or data you submit to the Service.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that case, you agree to cooperate with our defense of that claim. You may not settle any claim without our prior written consent if the settlement would impose any obligation on MMH.
13. Governing Law
These Terms and any dispute arising out of or relating to the Service or these Terms will be governed by
the laws of the State of Delaware, USA, without regard to its conflict of law principles.
However, if you reside outside the U.S., you may be entitled to the protection of certain mandatory consumer protection provisions under your local law. In such cases, nothing in these Terms affects your rights under those laws.
We make no representation that the Service is appropriate or available in any particular location. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
14. Dispute Resolution and Arbitration
Binding Arbitration: You and MMH agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved through final and binding
arbitration, rather than in court, except for the specific exceptions below. Arbitration will be conducted in English and administered by a neutral arbitrator mutually agreed upon (or, if not agreed, through the American Arbitration Association) in the State of Delaware, unless an alternative location is required by applicable law.
You and we waive the right to a trial by jury.
Class Action Waiver: You and MMH agree to
resolve disputes on an individual basis only. Neither party will join or consolidate claims by or against other users, or pursue any claim as a class action, collective action, or representative action. The arbitrator may not consolidate the claims of multiple parties.
Exceptions: Either party may choose to bring an individual claim in
small claims court if it qualifies. Additionally, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service or intellectual property infringement without first engaging in arbitration.
If the arbitration agreement or class action waiver is found unenforceable, then to that extent the foregoing arbitration clause will be null and void, and the dispute will be governed by the courts specified below (but the remainder of the Terms will remain in effect).
Jurisdiction: In any circumstances where the arbitration agreement permits either party to litigate in court, such as when judicial review of an arbitration award is required by law, then the dispute shall be exclusively brought in the state or federal courts located in Delaware, USA, and you consent to venue and personal jurisdiction in Delaware.
Note: Nothing in this section limits any rights you may have to
lodge a complaint with authorities or seek other remedies under applicable law (e.g., EU or UK users may have the right to pursue claims in their home country’s courts) where the law expressly provides for that right.
15. Changes to These Terms
We may update or modify these Terms from time to time. If we make material changes, we will provide reasonable notice to you – for example, by posting the updated Terms on our website/app and updating the “Effective Date” above, or by sending a notice through the Service or via email.
It is your responsibility to review the Terms periodically. Your continued use of the Service after updated Terms take effect signifies your acceptance of the changes. If you do not agree to the revised Terms, you should discontinue your use of the Service and, if applicable, cancel any accounts or subscriptions.
16. Miscellaneous
Entire Agreement: These Terms (along with the Privacy Policy and any additional guidelines or terms provided for specific features) constitute the entire agreement between you and MMH regarding the Service, and supersede any prior agreements or understandings.
Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions of the Terms will remain in full force and effect.
No Waiver: Our failure to enforce any right or provision in these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of MMH.
Assignment: You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. We may assign these Terms (in whole or part) as part of a merger, acquisition, sale of assets, or by operation of law or otherwise, and we will provide you notice of any such assignment.
Force Majeure: MMH will not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, such as acts of God, war, terrorism, labor disputes, government orders, or Internet/network failures.
17. Contact Us
If you have any questions, concerns, or feedback about these Terms or the Service, please contact us at:
Email: [email protected]
Address: MyMedicalHub Corporation, PO Box 663, Safety Harbor, FL 34695
By using the Atlas Athlete Service, you acknowledge that you have read, understood, and agree to these Terms of Service, as well as our Privacy Policy. Thank you for reviewing our terms and for using Atlas Athlete to support your health and performance journey!
