Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and V-GRIP Technologies LLC (“V-GRIP,” “we,” “our,” or “us”), governing your access to and use of the V-GRIP hardware devices, the V-GRIP mobile and web applications, the clinical dashboard, and the vgriptech.com website (collectively, the “Services”).

By creating an account, purchasing hardware, downloading the App, or otherwise accessing or using any of our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use our Services.

If you are accepting these Terms on behalf of a company, clinic, athletic organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” refers to both you individually and the entity.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or purchase V-GRIP products. If you are between the ages of 13 and 18, you may use the Services only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a healthcare provider using the clinical dashboard, you represent that you hold the appropriate licenses and credentials required by applicable law in your jurisdiction.

3. Account Registration and Security

To access the Services, you must create an account. You agree to:

• Provide accurate, complete, and current registration information
• Maintain and promptly update your account information as needed
• Maintain the confidentiality of your account credentials
• Notify V-GRIP immediately if you become aware of any unauthorized access to or use of your account
• Accept full responsibility for all activity that occurs under your account

V-GRIP reserves the right to suspend or terminate accounts that contain inaccurate information, have been inactive for 12 consecutive months, or that we reasonably believe have been compromised or are in violation of these Terms.

4. Description of Services

V-GRIP provides a smart grip fitness and rehabilitation technology platform that includes:

• Hardware: A wrap-around grip accessory equipped with IMU sensors (accelerometer and gyroscope) that tracks exercise velocity, range of motion (ROM), and repetitions
• Mobile Application: A companion app for viewing real-time sensor data, tracking workouts, logging pain, managing rehabilitation protocols, and communicating with clinicians, trainers, or coaches
• Clinical Dashboard: A web-based dashboard for clinicians, trainers, and coaches to manage patients and athletes, design exercise programs, review performance data, and monitor compliance
• Messaging: In-platform communication between clinicians, trainers, coaches, and their patients or athletes
• Exercise Library: A curated library of rehabilitation and fitness exercises mapped to clinical conditions and body regions

5. Subscription Plans and Pricing

V-GRIP offers the following subscription tiers:

• Free: Basic workout logging and device pairing
• Basic ($10/month): Session analytics and basic progress tracking
• Basic+ ($15/month): Enhanced analytics and coaching insights
• Pro ($25/month): Full analytics suite with advanced features
• Clinic ($149/month): Multi-patient clinical dashboard for healthcare providers
• Professional Athletic Team ($1,200+/month): Enterprise team management with custom configuration and integrations

5.1 Billing and Renewal

• Paid subscriptions are billed in advance on a monthly recurring basis unless otherwise specified in a custom agreement
• All subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date
• You authorize us to charge your designated payment method for all applicable fees
• All fees are quoted in U.S. dollars and are exclusive of applicable taxes
• Clinic and Professional Athletic Team plans may be subject to annual contracts with separate terms

5.2 Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation:

• Your subscription remains active until the end of the current billing period
• You will not be charged for subsequent billing periods
• No prorated refunds will be issued for the remaining portion of the current billing period
• Your account will revert to the Free tier, and you will retain access to your data subject to our data retention policies

5.3 Price Changes

V-GRIP reserves the right to modify subscription pricing with at least 30 days' written notice. Continued use of the Services after a price change takes effect constitutes acceptance of the new pricing. If you do not agree to the new pricing, you must cancel your subscription before the change takes effect.

6. Hardware Purchase and Warranty

6.1 Hardware Sales

V-GRIP hardware devices are sold separately from software subscriptions. Hardware pricing ranges from $200 to $449 depending on the product configuration. All hardware sales are subject to availability and shipping terms provided at the time of purchase.

6.2 Limited Warranty

V-GRIP hardware is warranted against defects in materials and workmanship for one (1) year from the date of original purchase (the “Warranty Period”). This limited warranty covers:

• Manufacturing defects in materials or workmanship
• Malfunctioning IMU sensors (accelerometer, gyroscope) under normal operating conditions
• Failures in Bluetooth connectivity components attributable to hardware defects

This warranty does NOT cover:

• Normal wear and tear, including grip material degradation from regular use
• Damage caused by accident, misuse, abuse, or negligence
• Damage resulting from unauthorized modification, repair, or disassembly
• Damage caused by exposure to extreme temperatures, moisture, or corrosive environments beyond the device's rated specifications
• Cosmetic damage that does not affect functionality

6.3 Warranty Claims and Returns

Warranty claims require proof of purchase and must be submitted to support@vgriptech.com. At our discretion, we will repair or replace the defective unit. Replacement devices may be new or refurbished and will be warranted for the remainder of the original Warranty Period.

Unopened hardware may be returned within 30 days of purchase for a full refund. Opened hardware may be returned within 30 days for a refund minus a 15% restocking fee. Return shipping is the customer's responsibility unless the product is defective.

7. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of V-GRIP hardware or software
• Attempt to gain unauthorized access to other users' accounts, data, or any computer systems or networks connected to the Services
• Interfere with or disrupt the integrity or performance of the Services
• Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Use the Services to store or transmit malicious code, viruses, or other harmful software
• Resell, sublicense, or redistribute access to the Services without written authorization from V-GRIP
• Use automated systems (bots, scrapers, crawlers) to access the Services without our written permission
• Use data collected through the Services for purposes other than those described in our Privacy Policy
• Falsely represent yourself as a licensed healthcare provider, certified trainer, or other credentialed professional
• Impersonate any person or entity or misrepresent your affiliation with a person or entity

8. Clinician, Trainer, and Coach Responsibilities

If you use the Services in a professional capacity as a clinician, trainer, or coach, you additionally agree to the following:

• You will maintain all licenses, certifications, and credentials required by applicable law for your professional practice
• You are solely responsible for the clinical and professional decisions you make based on data provided by the Services
• You will obtain all necessary consents from patients or athletes before enrolling them in the V-GRIP platform and sharing their data
• If you are a HIPAA-covered entity, you will enter into a Business Associate Agreement (BAA) with V-GRIP prior to processing Protected Health Information (PHI) through the Services
• You will comply with all applicable healthcare privacy laws, including HIPAA, and will not use the Services in a manner that violates those laws
• You acknowledge that V-GRIP is a technology platform and does not provide medical advice, diagnoses, or treatment recommendations
• You are responsible for the accuracy and appropriateness of all rehabilitation programs and exercise prescriptions created through the platform

9. Clinical Use and Medical Disclaimer

V-GRIP products and Services are designed to provide exercise tracking, movement feedback, and rehabilitation program management tools. Important disclaimers:

• V-GRIP is not a medical device and has not been cleared or approved by the U.S. Food and Drug Administration (FDA) for diagnostic or therapeutic purposes
• Data provided by V-GRIP (velocity, ROM, compliance) is intended to supplement, not replace, clinical judgment
• Patients and athletes should always consult a qualified healthcare professional before beginning or modifying any exercise or rehabilitation program
• If you experience pain, discomfort, or any adverse health symptoms during use, stop immediately and seek medical attention
• V-GRIP is not liable for clinical outcomes resulting from programs created or monitored through the platform
• Sensor accuracy may vary based on environmental factors, device calibration, and usage conditions

10. Intellectual Property

All content, features, functionality, trademarks, trade dress, and technology comprising the Services are owned by V-GRIP Technologies LLC and are protected by U.S. and international intellectual property laws.

• V-GRIP hardware incorporates patent-pending sensor technology
• The V-GRIP name, logo, and product designs are trademarks of V-GRIP Technologies LLC
• The exercise library content is proprietary and may not be reproduced or distributed outside the platform

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App and Services for your personal or internal business purposes. This license does not include the right to copy, modify, distribute, sublicense, or create derivative works based on the Services.

You retain ownership of your own data (exercise logs, clinical notes, messages) but grant V-GRIP a limited license to process it for service delivery as described in our Privacy Policy. We may use aggregated, de-identified data derived from user data for research, product development, and analytics purposes.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT
• V-GRIP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT DEFECTS WILL BE CORRECTED
• V-GRIP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES
• IN NO EVENT SHALL V-GRIP'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO V-GRIP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00)

V-GRIP IS NOT LIABLE FOR ANY INJURY, HARM, OR DAMAGE ARISING FROM YOUR USE OF V-GRIP HARDWARE OR SOFTWARE DURING EXERCISE OR REHABILITATION ACTIVITIES. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICES IN CONNECTION WITH PHYSICAL ACTIVITY.

12. Indemnification

You agree to indemnify, defend, and hold harmless V-GRIP Technologies LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third-party rights; (e) any content or data you submit through the Services; or (f) your professional use of V-GRIP data in clinical or coaching decisions.

13. Firmware and Software Updates

V-GRIP may periodically release firmware updates for hardware devices and software updates for the App. Some updates may be required for continued use of the Services. By using the Services, you consent to the automatic download and installation of such updates. We are not obligated to provide any specific updates, enhancements, or new features, and we may discontinue support for older hardware or software versions with reasonable notice.

14. Termination

You may terminate your account at any time through your account settings or by contacting support@vgriptech.com. V-GRIP may suspend or terminate your access immediately, without prior notice, if:

• You breach any provision of these Terms
• Your use of the Services poses a security risk to other users or our infrastructure
• Required by law, regulation, or governmental request
• Non-payment of subscription fees
• Extended period of account inactivity (12 consecutive months)

Upon termination, your right to use the Services ceases immediately. You may request an export of your data within 30 days of termination, subject to our Privacy Policy. Sections of these Terms that by their nature should survive termination (including intellectual property, limitation of liability, indemnification, and dispute resolution) shall survive.

15. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation between the parties for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

The arbitration shall be conducted by a single arbitrator and shall take place in the State of Minnesota or, at the election of the claimant, by remote videoconference. Each party bears its own costs unless the arbitrator rules otherwise. The arbitrator's decision shall be final and binding.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found to be unenforceable, then this entire arbitration provision shall be null and void.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, United States, without regard to its conflict of law principles. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in the State of Minnesota.

17. Modifications to Terms

V-GRIP reserves the right to modify these Terms at any time. When we make material changes, we will update the “Effective Date” at the top of this page and notify you via email or a prominent notice within the application at least 30 days before the changes take effect. Your continued use of the Services after the effective date of the revised Terms constitutes acceptance. If you do not agree to the modified Terms, you must discontinue use of the Services before the changes take effect.

18. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any applicable Business Associate Agreement, constitute the entire agreement between you and V-GRIP regarding the Services and supersede all prior agreements and understandings
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision
• Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction
• Force Majeure: V-GRIP shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemics, government actions, or failures of third-party services
• Notices: We may provide notices to you via email, in-app notification, or posting on the Site. You may provide notices to us at the contact information listed below

19. Contact Information

For questions or concerns about these Terms of Service, please contact: