CheckMyShoulder

Legal

Terms of Service

Last updated: [EFFECTIVE DATE]

Draft. This document is being finalised and reviewed. Placeholder details shown in [brackets] will be completed before launch.

These Terms of Service ("Terms") are an agreement between you and [COMPANY NAME] ([LEGAL FORM], established in [COUNTRY], [COMPANY/KVK NUMBER]) ("CheckMyShoulder", "we", "us") for your use of checkmyshoulder.com and the CheckMyShoulder app (the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

1. What CheckMyShoulder is (and is not)

CheckMyShoulder is an educational, self-help tool that gives an evidence-based indication about shoulder complaints and a guided exercise programme. It is not a medical device, does not provide a diagnosis, and does not replace assessment or treatment by a doctor or physiotherapist. Your use of the Service is subject to our Medical Disclaimer, which forms part of these Terms.

2. Your account

  • You must provide accurate information and keep your login details secure.
  • You are responsible for activity that happens under your account.
  • The Service is for your own personal use; do not share your account.
  • You must be at least 16 years old (or the age of digital consent in your country).

3. Subscriptions, trials and payment

Paid plans are sold and processed by Paddle.com Market Ltd as our Merchant of Record. Paddle is the seller of record for your purchase, handles billing and applicable taxes (such as VAT), and its buyer terms also apply to the transaction.

  • Trial. If we offer a trial, the price and length are shown at checkout. Unless you cancel before the trial ends, it automatically continues as a paid subscription at the price shown.
  • Reminder. You will receive an email before your trial converts, telling you the date and the amount that will be charged.
  • Renewal. Subscriptions renew automatically each billing period until you cancel.
  • Cancellation. You can cancel at any time from your account or via the Paddle customer portal linked in your receipts. When you cancel, you keep access until the end of the period you have paid for.
  • Price changes. We may change prices; we will give you reasonable notice before a change affects you, and you can cancel if you do not agree.
  • Refunds. Trial fees are non-refundable. We do not refund partial billing periods or unused time once a subscription period has started. If you experience a technical problem with the Service or a billing error, contact us and we will look into it on a case-by-case basis. As payments are handled by Paddle, its refund process also applies. This does not affect your statutory consumer rights.

4. Your right to cancel (EU/EEA consumers)

As a consumer you normally have a 14-day right of withdrawal for online purchases. Because the Service gives you immediate access to digital content, by starting to use it during this period you request immediate performance and acknowledge that your right of withdrawal may be lost once performance has begun, to the extent permitted by law. Nothing in these Terms affects your mandatory statutory consumer rights. [Confirm the exact withdrawal handling with your Merchant of Record and legal review.]

5. Acceptable use

You agree not to:

  • use the Service in any unlawful way or for anyone other than yourself;
  • copy, resell, or redistribute our content, videos or software;
  • attempt to disrupt, reverse-engineer, or gain unauthorised access to the Service.

6. Content and intellectual property

All content in the Service — including text, exercises, videos and software — is owned by or licensed to CheckMyShoulder. We grant you a personal, non-transferable, revocable licence to use it for your own recovery while your account is active. The result and progress data you create remain yours; you can view, export or delete them.

7. Medical disclaimer, self-tests and assumption of risk

The Service is provided for education and self-help "as is". It is not medical advice, a diagnosis, or a substitute for professional care (see the Medical Disclaimer). Individual results vary and recovery takes time.

The check includes optional movement self-tests, and your programme includes exercises. We recommend that you only carry out the self-tests and exercises if your GP or physiotherapist has confirmed it is safe for you to exercise your shoulder — in particular if you have an existing or serious condition, are recovering from an injury or surgery, or are pregnant. You perform the self-tests and exercises entirely at your own risk. Move gently and within your comfort, and stop immediately if you feel sharp, severe or unusual pain.

8. Limitation of liability

To the fullest extent permitted by law, we are not liable for any injury, loss or damage (direct or indirect) arising from your use of the Service, the self-tests or the exercises, and our total liability to you is limited to the amount you paid us in the 12 months before the claim. Nothing in these Terms limits liability that cannot be limited by law (including for death or personal injury caused by our negligence, or fraud).

9. Suspension and termination

You can stop using the Service and delete your account at any time. We may suspend or end your access if you break these Terms or to protect the Service or other users. If we end your paid access without cause, we will refund any period you paid for but did not use.

10. Changes to these Terms

We may update these Terms. We will post the new version here and update the "Last updated" date, and for significant changes we will give you reasonable notice. Continuing to use the Service after changes take effect means you accept them.

11. Governing law and disputes

These Terms are governed by the laws of [COUNTRY, e.g. the Netherlands], without affecting the mandatory consumer-protection rights of the country where you live. Disputes will be dealt with by the competent courts of [JURISDICTION]. EU consumers can also use the European Commission's Online Dispute Resolution platform.

12. Contact

[COMPANY NAME], [ADDRESS]. Email: [CONTACT EMAIL].