Terms of Service (TOS)


Last Updated: April 2, 2019

Thank you for using Arise. These Terms of Service (the “Terms”) and our Privacy Policy govern your use of all available Arise Services and the Arise Apps, so please read them carefully before using Arise.
By using Arise, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use Arise.
From time to time, it may become necessary to make changes to the Terms and our Privacy Policy. Therefore, we reserve the right to update and/or modify the Terms and our Privacy Policy at any time by giving notice to you. Please review these Terms, especially before you register an account with us. The date of the last modification of our Terms and Privacy Policy is listed at the top.


1. Privacy Policy


For information about how we collect and use information about users of the Service, please check out our privacy policy (https://www.arise-app.com/privacy-policy).


2. Using our Services


To use our Services you must follow some simple rules. The Service is only available for your private use and is not intended for commercial use. Do not misuse the Services, so that either Arise or anyone else is harmed in any way. You may only use the Services as permitted by law and these Terms. By using our Services, you agree that:

- All of the personal data provided by you is accurate and up to date.
- You are solely responsible for all activities on your account and all the content that is uploaded and/or created in your Arise account.
- Arise does not monitor the contents of the Service, but may at any time choose, at its sole discretion, to remove User Material from the Service and/or your user account and to terminate your account and membership.
- Your membership with (including your email and password) Arise is personal and may not be transferred or used by someone else. You are responsible for storing your login details in a safe manner. Arise is not in any way responsible for any loss or damage caused by unauthorized access to your account or use of your login details. If you learn of or suspect any unauthorized use of your account, you must immediately inform Arise Support. Contact details are available at the bottom of this document.
- You may not contribute with any propaganda, religious and/or political views, or contribute with information which in any way contains or involves incitement to racial hatred through the use of our Services. Furthermore, you may not defame, harass or offend other people through the use of our Services.
- You may not post, link and otherwise make available on or through the Service any of the following: content that is illegal or unlawful, that would otherwise create liability; Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party.
- You agree that if you have any criticism or feedback regarding Arise or our Services, you will contact Arise to help us improve our Services.
- You may not transmit, and/or distribute files/data that may damage Arise or others’ computers or property (such as viruses and trojan horses).
- You may not share others’ personal information without their approval.

Violation of any of these Terms will lead to a direct termination of your user account and subscription. If you violate these terms, you will not get a refund.


3. Your account


You can at any time choose to cancel/end your account at your convenience. Please note that uninstalling the mobile application or closing your account will not automatically stop your subscription — you must actively cancel the subscription. Please note that if you have subscribed to Arise through the use of the App Store, you can only cancel your subscription through the use of this service. To find out how to cancel the subscription and/or your account, please follow the instructions in the app or the instructions our friendly support is providing. Special terms and conditions apply to Arise Pro.
You are responsible for safeguarding the password that you use to access Arise. You are responsible for any activity on your account, whether or not you authorized that activity. You should immediately notify Arise of any unauthorized use of your account.
You may use Arise only if you are 13 years or older and are not barred from using Arise under applicable law.


4. Health and nutritional information


You are responsible for your own health. Arise is not a medical organization and we will not provide you with any medical advice or diagnosis. The purpose of the Services is solely to help our users record what they eat, how they exercise and to help track their health, weight and fitness progress. Information made available through the Services and by our partners and affiliates shall solely be used for recreational and educational purposes. Always consult with your doctor before starting a diet or fitness program or if you experience any pain or discomfort. Arise cannot guarantee any health, weight and/or fitness results or improvements. Our Services are only intended for healthy adults. As such, = do not use our Services if you suffer from, or might suffer from, any medical condition that may be impaired by diet or exercise. Nutritional information found in our database has not been verified, investigated or reviewed by Arise. Arise cannot guarantee that the nutritional information provided in our database is accurate, reliant or complete. Arise is not responsible for any personal injury or any other damages that may have been the result, direct or indirect, of any use or misuse of the Services.


5. Auto Renewing Subscriptions


For auto renewing subscriptions completed in our iOS Apps the following terms apply:

- Payment will be charged to iTunes Account at confirmation of purchase.
- Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
- Your account will be charged for renewal within 24-hours prior to the end of the current period.
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.
- Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
- You can cancel a free trial or subscription anytime by turning off auto-renewal through your iTunes account settings. This must be done 24 hours before the end of a free trial or subscription period to avoid being charged. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.


6. Arise Pro


This section only applies when you purchase and/or subscribe to Arise Pro or other paid products. By paying the subscription fee you get access to Arise Pro during the time your subscription is valid, subject to these Terms.
All subscriptions with Arise Pro are paid in advance. Payment will be charged to iTunes Account at confirmation of purchase.
You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for. If you have subscribed to Arise through the use of App Store, Google Play Store, Amazon App Store or any other such service provider using in-app purchase, you can only cancel your subscription through the use of their services. Subscription fees can be found within Arise’s mobile application. Special terms and conditions may apply. Arise reserves the right to change the subscription fees from time to time.
You hereby consent to start using the Services immediately upon subscribing with Arise Pro or other paid products. This means that you will only have 14 days to withdraw from the contract with Arise from the date you receive confirmation of your subscription via email if you do not start using the Services during that period. To use your right of withdrawal you must contact our friendly support (you will find our contact details at the bottom of this document). Any prepaid fees will be refunded within 30 days.


7. Intellectual Property


Arise and its licensors exclusively own Arise, including all associated intellectual property rights. You acknowledge that Arise is protected by copyright, trademark, and other laws of Cyprus, the United States and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying Arise.


8. DMCA/Copyright Policy


We respect copyright law and expect you to do the same. It's our policy to terminate those accounts that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.


9. Warranty Disclaimers


Arise’s services are provided „as is“, without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quite enjoyment and non-infringement and any warranties arising out of the course of dealing or usage of trade. Even though we try to prove the following, we make no warranty that Arise will meet your requirements or will be available on an uninterrupted, secure or error-free basis. We make no warranty regarding the quality, accuracy, truthfulness, completeness or reliability of any of our intellectual property.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.


10. Limitation of Liability


Neither Arise nor any other party involved in creating, producing, or delivering Arise, including our Licensors, will be liable for any incidental, special, exemplary or consequential damages, including lost of profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost or substitute services arising out of or in connection with these terms or from the use or of or inability to use Arise. This also pertains to our intellectual property, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Arise has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will Arise’s total liability arising out of or in connection with these terms or from the use of or inability to use Arise or to access your profile exceed the amounts you have paid to Arise for the use of Arise. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Arise and you.


11. Governing Law


These Terms and any action related thereto will be governed by the laws of Cyprus without regard to its conflict of laws provisions.


12. General Terms


These Terms constitute the entire and exclusive understanding and agreement between Arise and you regarding Arise, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Arise and you regarding Arise, except that if you become a party to Arise Business Agreement, either before or after reviewing these Terms, the terms and conditions of the Business Agreement will govern over any conflicting provisions herein. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Arise’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Arise may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Arise under these Terms, including those regarding modifications to these Terms, will be given: (i) by Arise via email; or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Arise’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of iTranslate. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.


13. Contact Information


If you have any questions about these Terms, please contact us at: support@arise-app.com