The Comeback — Terms of Service
Version 1.3 · Effective August 25, 2026
These Terms of Service ("Terms") are an agreement between you and Vallecito Labs LLC ("we," "us"), the operator of The Comeback (the "App"). By checking the agreement box and tapping "Agree and continue," you accept these Terms and the Medical Disclaimer, which is part of them. If you do not agree, do not use the App.
1. What the App is — and is not
The App provides pre-written educational content about what recovery from certain orthopedic procedures typically looks like, organized as a day-by-day timeline synthesized from published rehabilitation protocols. It is informational only.
The App is not medical advice, diagnosis, or treatment. It does not examine you, monitor you, or assess your individual condition. Timelines and milestones in the App are general windows drawn from published protocols — they are not personal predictions, instructions, or a plan of care. The App is not a medical device and makes no claims to affect your recovery. Statements in the App have not been evaluated by the U.S. Food and Drug Administration.
2. No provider–patient relationship
Using the App does not create a physician–patient, therapist–patient, or any other provider–patient relationship between you and us, or between you and any person who reviewed or contributed to the App's content (including any licensed clinician credited in the App). Content review by a licensed clinician is editorial review of general educational material, not care, supervision, or advice directed to you.
3. Your surgeon and PT come first
The App describes what recovery typically looks like in general. Your surgeon and physical therapist direct your care. If anything in the App differs from your surgeon's or physical therapist's instructions, follow your surgeon and physical therapist — every time, without exception. Never delay seeking, disregard, or change medical care because of something you read in the App.
4. Emergencies
The App is not for emergencies. If you think you may be experiencing a medical emergency, call 911 (or your local emergency number) or go to the nearest emergency room immediately. Do not rely on the App to identify, evaluate, or respond to an emergency; it has no capability to do so.
5. Who may use the App
You must be at least 18 years old to accept these Terms for yourself. A user under 18 may use the App only if a parent or legal guardian reviews and accepts these Terms on their behalf and supervises their use. The App's content for adolescent recovery pathways is educational for the young person and their family; it is not a substitute for the care team's or the parent's judgment.
6. Assumption of risk
Recovery from surgery involves inherent risks, including the risk of complications, re-injury, and outcomes that differ from any published timeline. Physical activity during recovery carries risk of injury. You agree that decisions about your activity, rehabilitation, and care are made by you and your care team — not by the App — and that, to the maximum extent permitted by law, you knowingly and voluntarily assume all risks associated with your recovery and your use of or reliance on the App. Nothing in this section waives claims that cannot lawfully be waived, including claims arising from gross negligence or willful misconduct.
7. Your content and privacy
Progress photos, check-ins, and milestone records you create are stored on your device by default and are not transmitted to us. We do not require an account, name, or email address. Our handling of any data is described in the Privacy Policy, which is incorporated into these Terms and available from the App's store listing and at https://vallecitolabs.com/privacy. You keep all rights to your photos and records.
8. Purchases
The App's daily card is free. A one-time in-app purchase unlocks the full forward-looking Map. Purchases are processed by Apple through your App Store account and are subject to Apple's terms; prices are as displayed in the App at the time of purchase. The purchase is a one-time, non-recurring payment — no subscription and no auto-renewal. Refunds are handled by Apple under App Store policies. Your own recovery record (photos, milestones, check-ins) is never conditioned on payment.
9. Intellectual property
The App and its content are owned by us or our licensors and are protected by intellectual-property laws. We grant you a personal, non-exclusive, non-transferable, revocable license to use the App for your own non-commercial use. You may not copy, redistribute, sell, or create derivative works from the App's content, except for sharing features the App itself provides (such as share cards).
10. Acceptable use
You agree not to misuse the App — including reverse-engineering it except as permitted by law, interfering with its operation, using it to provide medical advice to others, or representing its content as advice from us or from any clinician credited in it.
11. Disclaimer of warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE APP'S CONTENT APPLIES TO YOUR SITUATION, THAT IT IS COMPLETE OR CURRENT, OR THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.
12. Limitation of liability
To the maximum extent permitted by law: (a) we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, arising out of or relating to the App or these Terms; and (b) our total aggregate liability for all claims arising out of or relating to the App or these Terms will not exceed the amount you paid us for the App in the twelve (12) months before the event giving rise to the claim (and, if you paid nothing, ten U.S. dollars ($10)). These limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability for gross negligence, willful misconduct, or anything else that cannot lawfully be limited.
13. Indemnification
You agree to indemnify and hold us (and our officers, contractors, and content reviewers) harmless from claims, damages, and reasonable attorneys' fees arising from your violation of these Terms or your misuse of the App, except to the extent caused by our own gross negligence or willful misconduct.
14. Arbitration and class-action waiver — with a 30-day opt-out
Please read this section carefully; it affects your legal rights.
Any dispute arising out of or relating to the App or these Terms that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court. The arbitration will be conducted in the county where you live or another mutually agreed location, or remotely. Arbitration fees will be allocated per the AAA consumer rules.
Class-action waiver: disputes will be arbitrated only on an individual basis. Neither you nor we may participate in a class, consolidated, or representative action, and the arbitrator may not consolidate claims.
30-day right to opt out: you may reject this arbitration agreement and class-action waiver, without affecting any other part of these Terms, by emailing support@vallecitolabs.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. If you opt out, disputes will be resolved in the courts specified in Section 15.
Before starting arbitration, the party with a dispute will send the other a written notice describing it, and both parties will try in good faith to resolve it within 30 days.
15. Governing law and venue
These Terms are governed by the laws of Oregon, without regard to conflict-of-laws rules. Subject to Section 14, any dispute not subject to arbitration will be brought in the state or federal courts located in Multnomah County, Oregon, and both parties consent to their jurisdiction.
16. Changes to the App or these Terms
We may update the App and these Terms. If we make a material change to these Terms, the App will present the updated Terms for your review and renewed agreement before you continue; the version and date you accepted are recorded on your device. Changes are not retroactive.
17. Termination
You may stop using the App at any time; deleting the App deletes the on-device data it stores. We may suspend or terminate access for violation of these Terms. Sections that by their nature should survive — including Sections 1–4, 6, and 9–18 — survive termination.
18. Miscellaneous
If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary or severed, and the rest of the Terms remain in effect. These Terms (with the Medical Disclaimer and Privacy Policy) are the entire agreement between you and us about the App. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a change of ownership of the App.
Questions: support@vallecitolabs.com.