These Terms of Use ("Terms") are an agreement between you and Harel Levy, doing business as OTRERA ("OTRERA," "we," "us," or "our"). They cover your use of the OTRERA website, quiz, emails, and any related features, and, when available, the OTRERA app and subscription (together, the "Service").
By using the Service, you agree to these Terms. If you do not agree, please do not use the Service.
1. You must be 18 or older
The Service is only for adults 18 and older. By using it, you confirm that you are at least 18. If we learn that someone under 18 is using the Service, we will end their access and delete their information.
2. What the Service is today
OTRERA is a strength program in development for women who train hard. The app and training plans are not available yet. Right now, the Service is an online quiz that helps us learn what people want and whether to build OTRERA.
- Your plan isn't ready yet. After the quiz you may see a price page with a pay button. That page measures interest. It is not a live offer, and no purchase takes place. If you click to pay, we tell you that your plan isn't ready yet.
- You will not be charged. We do not collect card or payment details at this stage, and no sale is made.
- Prices are not final. Any price shown may change, and we are not required to offer a plan at that price or at all.
- We may never launch. We may change, delay, or cancel OTRERA at any time. If we do not launch, we will delete your data as described in our Privacy Policy.
- If we launch, we will tell you by email. We will never charge you unless you clearly agree to a paid plan at that time.
3. Subscriptions
When paid plans become available, they will be governed by these Terms and by our Subscription and Cancellation Terms, which explain pricing, free trials and introductory offers, automatic renewal, reminders, and how to cancel online.
4. Fitness program, not medical care
OTRERA is a fitness and strength-training program. It is not medical care, and it is not a medical device. Quiz results, plans, emails, and other content are general fitness information, not medical advice, diagnosis, or treatment, and they do not replace a doctor, physical therapist, or other qualified clinician. Using the Service does not create a doctor–patient or other health care relationship.
Please read our Medical Disclaimer, which is part of these Terms.
Fitness program, not medical advice. If you have sharp or worsening pain, swelling, numbness, or pain after an injury or fall, see a healthcare provider. In an emergency, call 911.
5. Your safety and assumption of risk
Strength training, running, jumping, and sport-specific training carry real risks, including muscle strains, joint injuries, overuse injuries, and, in rare cases, serious injury.
You decide whether and how to train. You agree to:
- train within your limits and adjust, stop, or skip anything that doesn't feel right;
- use proper technique and equipment and train in a safe environment;
- answer the quiz honestly, because our tailoring depends on your answers and we cannot check them; and
- get advice from a healthcare provider when our Medical Disclaimer says you should.
To the extent the law allows, you voluntarily assume the risks of any physical activity you do based on the Service.
6. No guarantee of results
Everyone's body and situation are different. We do not guarantee any specific result, such as less pain, fewer injuries, better performance, or any other outcome. Any examples or stories we share are not guarantees of what you will achieve.
7. Your information and conduct
You agree to give us accurate information, including an email address that you control. You agree not to:
- use the Service if you are under 18;
- use the Service for anything unlawful or to harm others;
- submit someone else's information without their permission;
- interfere with, hack, scrape, or overload the Service, or get around its security; or
- copy, resell, or commercially exploit the Service or its content without our written permission.
We may suspend or end your access if you break these Terms.
8. Privacy
Our Privacy Policy, Consumer Health Data Privacy Policy, and Cookie Policy explain how we collect, use, and protect your information, including your answers about pain and nagging issues. We do not sell your personal information.
9. Emails
When you enter your email, you agree that we may email you about your plan and early access. You can unsubscribe at any time using the link in any email. If you subscribe to a paid plan in the future, we will also send transactional emails about your subscription, such as confirmations and reminders.
10. Intellectual property
The Service, including the OTRERA name and logo, the quiz, text, graphics, training content, and software, belongs to OTRERA or its licensors and is protected by intellectual property laws. We give you a personal, non-exclusive, non-transferable, revocable right to use the Service for your own non-commercial purposes under these Terms. We reserve all other rights.
If you send us ideas or suggestions, we may use them without any obligation to you. This does not apply to your personal information, which remains protected by our privacy policies.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. Some states do not allow certain warranty disclaimers, so some of these may not apply to you.
12. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS:
- OTRERA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS.
- OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF US $100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.
These limits apply under any legal theory, even if we were told the damage was possible. They do not limit liability that cannot be limited by law, such as liability for fraud, gross negligence, willful misconduct, or, where applicable, death or personal injury caused by our negligence, and they do not limit your rights under consumer protection or privacy laws that cannot be waived. Some states do not allow these limits, so they may not fully apply to you.
13. Indemnity
To the extent the law allows, you agree to cover reasonable losses and costs, including reasonable attorneys' fees, that OTRERA incurs because of a claim by a third party arising from your misuse of the Service or your breach of these Terms.
14. Disputes
Let's talk first. If you have a problem with the Service, email [email protected]. Most issues can be resolved quickly this way. You and we agree to try to resolve any dispute informally for at least 30 days before starting a formal proceeding.
Where disputes are heard. If we cannot resolve a dispute informally, it will be resolved only in the state or federal courts located in the State of Delaware, and you and we consent to the jurisdiction of those courts. Either of us may instead bring an individual claim in a small claims court where you live, if the claim qualifies.
Nothing in this section prevents you from filing a complaint with a government agency, such as your state attorney general or the Federal Trade Commission, or limits any right you have under the consumer protection laws of the state where you live that cannot be waived.
15. Governing law
These Terms are governed by the laws of the State of Delaware and applicable US federal law, without regard to conflict-of-law rules. If you live in a state whose consumer protection or privacy laws give you rights that cannot be waived, these Terms do not take those rights away.
16. Changes to these Terms
We may update these Terms as OTRERA develops. We will post the new version on this page and update the effective date. If a change is material, we will email you before it takes effect. If you keep using the Service after a change takes effect, you accept the updated Terms. Changes do not apply to disputes that arose before the change. Changes to the price or terms of a paid subscription follow the notice rules in our Subscription and Cancellation Terms.
17. Ending use
You can stop using the Service at any time and ask us to delete your data. We may suspend, change, or discontinue the Service, or your access to it, at any time. If we discontinue a paid plan you have subscribed to, we will tell you in advance and will not charge you for periods after it ends. Sections that by their nature should continue after your use ends, including Sections 4 through 6 and 10 through 15, will continue.
18. General
- Entire agreement. These Terms, together with the policies and terms linked in them, are the entire agreement between you and us about the Service.
- Severability. If any part of these Terms is unenforceable, the rest stays in effect.
- No waiver. If we do not enforce a provision right away, we have not waived it.
- Assignment. You may not transfer these Terms. We may transfer them as part of a merger, acquisition, or sale of assets, subject to our privacy policies.
- Language. These Terms are written in English. If we provide a translation, the English version controls.
19. Contact us
Harel Levy, doing business as OTRERA
Email: [email protected]