Terms of Use – AgainAbility
Effective date: March 2, 2026
These Terms of Use ("Terms") govern your access to and use of AgainAbility (the "Services"), operated by EpicWide ("EpicWide," "we," "us," or "our"). By accessing or using the Services, you agree to these Terms.
Important medical disclaimer: AgainAbility is a digital rehabilitation support platform. It is not a medical device and does not provide medical advice, diagnosis, or treatment. Always consult a licensed healthcare professional for medical decisions.
1. Nature of the Services
AgainAbility provides AI-assisted motion tracking, scoring, and rehabilitation-support tools for informational and motivational purposes only. Outputs, scores, and recommendations are estimates and may be inaccurate.
You agree you are responsible for your use of the Services and for confirming any health-related decisions with a qualified provider.
2. AI and Automated Outputs
Certain features rely on automated analysis and artificial intelligence ("AI"). AI outputs are generated from algorithms, sensor inputs, and user-provided data. They are not guaranteed to be correct, complete, or suitable for any particular purpose.
You agree not to use AI outputs as the sole basis for medical or clinical decisions.
3. Video, Image, and Audio Capture
Some features require use of your device camera and/or microphone, which may capture video, images, audio, and motion-derived data. By using these features, you consent to the capture, processing, and storage of such content for the purposes described in these Terms and our Privacy Policy.
No biometric identification: AgainAbility does not perform facial recognition, identity verification, or biometric identity matching. Motion landmarks and derived metrics are used to compute functional performance measures only.
4. Community & Messaging
The Services may include community content, posts, comments, and direct messaging. You are responsible for your content and your interactions. EpicWide does not endorse user-generated content and is not responsible for user interactions.
You agree not to post or send unlawful, harmful, harassing, misleading, or privacy-invasive content.
5. Leaderboards & Competition
The Services may include leaderboards or competition features. Participation is voluntary. Scores and rankings are generated automatically and are for informational and motivational purposes only.
We do not guarantee accuracy, fairness, availability, or suitability of leaderboards for any competitive purpose.
6. Eligibility
The Services are not intended for children under 13. By using the Services, you represent that you are at least 13 years old (and if you are under the age of majority in your jurisdiction, you have permission from a parent or legal guardian).
7. Payments, Donations, and Third-Party Providers
If you make a purchase, membership payment, or donation, payments may be processed by third-party providers. EpicWide does not control third-party payment processors and is not responsible for their errors, interruptions, or disputes, except as required by law.
8. Prohibited Uses
- Attempting to reverse engineer or defeat security features
- Using the Services to violate laws or others' rights
- Uploading malware or interfering with platform operation
- Misrepresenting identity or impersonating others
- Scraping, harvesting, or mass-collecting user data
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPICWIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPICWIDE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR EMOTIONAL DISTRESS DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EPICWIDE'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT YOU PAID TO EPICWIDE FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations; in those jurisdictions, liability will be limited to the maximum extent permitted by law.
11. Dispute Resolution, Binding Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION.
11.1 Informal Resolution First
Before initiating arbitration or a court proceeding, you agree to first contact us at epicwide@epicwide.com with the subject line "Dispute Notice" and provide your name, account email, a description of the dispute, and the relief you seek. We will attempt to resolve the matter informally. If we cannot resolve it within 60 days, either party may proceed as described below.
11.2 Agreement to Arbitrate
Except for disputes that qualify for small claims court (see Section 11.6), you and EpicWide agree that any dispute, claim, or controversy arising out of or relating to the Services, these Terms, your relationship with EpicWide, or any aspect of data collection or processing will be resolved exclusively by final and binding individual arbitration.
11.3 Class Action Waiver
YOU AND EPICWIDE AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only in favor of the individual party seeking relief.
11.4 Jury Trial Waiver
YOU AND EPICWIDE WAIVE ANY RIGHT TO A JURY TRIAL.
11.5 Arbitration Administrator and Rules
Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Unless agreed otherwise, arbitration will be conducted remotely or based on written submissions.
11.6 Small Claims Court Exception
Either party may bring an individual claim in small claims court if it qualifies and remains in small claims court.
11.7 Mass Arbitration / Batch Proceedings
If 25 or more arbitration demands are filed within a 90-day period arising from the same or similar facts, the parties agree to a batch arbitration process with bellwether cases.
11.8 Opt-Out Right
You may opt out by emailing epicwide@epicwide.com with subject "Arbitration Opt-Out" within 30 days of first accepting these Terms.
11.9 Governing Law
These Terms are governed by the laws of the State of Texas. Disputes permitted in court will be brought exclusively in state or federal courts in Texas.
11.10 Time Limit
Any claim must be filed within one (1) year after it arose; otherwise it is permanently barred.
11.11 Severability
If any portion of this arbitration agreement is unenforceable, the rest remains in effect. If the Class Action Waiver is unenforceable, the entire arbitration agreement is void.
12. Termination
We may suspend or terminate your access to the Services at any time if we reasonably believe you have violated these Terms or if necessary to protect the Services or other users.
13. Changes to These Terms
We may update these Terms from time to time. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.
14. Contact
If you have questions about these Terms, contact us at epicwide@epicwide.com.