Home ActiBreathe® App Terms & Conditions
Last Updated: Friday, 30 August 2024
Please read these Terms and Conditions (“Terms”) carefully before using the ActiBreathe® mobile application (the “App”) and the services (“Services”) provided within it as operated by POWERbreathe International Ltd (“we,” “us,” or “our”).
By accessing or using the ActiBreathe® App, you agree to be bound by these Terms and confirm to us that you are at least 13 years old. If you do not agree to these Terms, please do not use the ActiBreathe® App.
The POWERbreathe Smart Adaptor combined with the ActiBreathe® App comprises of a pressure monitoring device (the “Device”) and a mobile application for your device (the “App”) that delivers training data and tracks your progress over time. POWERbreathe assures that we will exercise all reasonable precautions to maintain the quality of materials and craftsmanship in the Device and ActiBreathe® App.
Please be aware that by consenting to the Terms of Service, you are acknowledging our Terms of Sale, and the User Manual (also included in your purchase) accessible here.
3.1 License: We grant you a limited, non-exclusive, non-transferable, revocable license to use the ActiBreathe® App solely for your personal, non-commercial use.
3.2 Prohibited Activities: You agree not to:
4.1 Account Creation: To use certain features of the ActiBreathe® App, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.2 Account Security: You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify us immediately of any unauthorised access or use of your account.
You are solely responsible for ensuring that your systems meet the hardware, software and any other applicable system requirements for the ActiBreathe® Software as specified in the documentation. We will have no obligations or responsibility under this Agreement for issues caused by your use of any third-party hardware or software not provided by us. Whilst POWERbreathe assures that we will exercise all reasonable precautions to maintain the quality of materials and craftsmanship in the Device and ActiBreathe® App, we do not take responsibility if your system is compromised for any reason.
POWERbreathe International Ltd offers the Services for the purpose of assisting you in monitoring, managing, and sharing your wellness-related data. Please be aware that the Services, along with any outcomes or Content presented via the Services, whether provided by POWERbreathe International Ltd or third parties, are not meant to serve as medical advice. They should not be considered a substitute for (i) guidance from your healthcare provider or other medical professionals, or any medical diagnosis or treatment, or (ii) a face-to-face meeting, phone call, or consultation with your healthcare provider or other medical professionals. The Services are not designed to, and should not be used to diagnose, prevent, monitor, treat, or alleviate diseases, injuries, or impairments, investigate or modify physiological processes, achieve intended effects on the human body through pharmacological, immunological, or metabolic means, or prescribe treatment, administer drugs, or engage in any other medical activities, whether as a medical device (as defined in Medical Devices Regulations 2002) or otherwise. If in any doubt, seek professional advice.
All Content available through the Services is purely for general informational purposes. Engaging with the Services, or communicating with us over the internet, through email, or by any other means, does not establish a doctor-patient relationship. If you have enquiries related to your health, please contact, or visit your healthcare provider. Never disregard medical advice or delay seeking it because of any Content provided on the Services, and refrain from using the Services or any Content on the Services for diagnosing or treating a health issue.
Prior to commencing or modifying any diet, exercise, consultations, or training programme, it is essential to consult a qualified and licensed medical professional. You agree to accept that athletic activities involve inherent risks of bodily injury, loss of life, or property damage, and you willingly assume all recognised and unknown risks connected with these activities.
The Content accessible through the Services may comprise exercise recommendations and other resources aimed at assisting you in achieving your health, fitness, and wellness objectives. It’s crucial to acknowledge that POWERbreathe International Ltd is not a healthcare provider, physiotherapist, personal trainer, coach or fitness instructor. Consequently, the Services, including any recommendations and any information provided through the Services that might seem personalised may not be suitable for your specific situation. POWERbreathe International Ltd cannot be held accountable for any outcomes, whether positive or negative, resulting from the use of the Service.
We highly value your input, remarks, and ideas for enhancing the Services or Products (“Feedback”). You have the option to share your Feedback by contacting us through email at [email protected]. When you provide Feedback, you grant POWERbreathe unrestricted, worldwide, permanent, non-reversible, fully paid, royalty-free, sublicensable, and transferable license under any intellectual property rights you possess or manage on the said Feedback. This license allows us to utilise, duplicate, adapt, generate derivative works, and generally leverage the Feedback for various purposes.
Your use of the ActiBreathe® App is also governed by our Privacy Policy, which can be found at Privacy Policy. By using the ActiBreathe® App, you consent to the practices described in the Privacy Policy.
10.1 Ownership: The ActiBreathe® App and its original content, features, functionality, “POWERbreathe” logo types, all other Trademarks or Registered Trademarks and product names are and will remain the exclusive property of POWERbreathe Holdings Ltd, associates and / or its licensors. The ActiBreathe® App is protected by copyright, trademark, and other laws of the United Kingdom of Great Britain and Northern Ireland and other countries.
11.1 Termination by Us: We reserve the right to terminate or suspend your account and access to the ActiBreathe® App at our sole discretion, without notice, for any conduct that we believe violates these Terms or is deemed illegal or harmful to other users or us.
11.2 Termination by You: You may terminate your account and cease using the ActiBreathe® App at any time.
Within the POWERbreathe platform, you may encounter connections to websites or resources operated by third parties. We provide these connections for your convenience only and are not liable for the content, products, or services obtainable on those external websites or resources, nor for any links featured on those websites. You understand and accept that you are solely responsible for and assume all potential risks linked to your utilization of any third-party websites or resources.
The ActiBreathe® App is provided “as is” and “as available” without any warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
14.1 To the fullest extent permitted by applicable law, POWERbreathe International Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, or injury (both real or potential resulting from:
14.1.1 Your use or inability to use the ActiBreathe® App.
14.1.2 Any unauthorised access to or use of our servers and/or any personal information stored therein.
14.1.3 Any interruption or cessation of transmission to or from the ActiBreathe® App.
14.1.4 Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the ActiBreathe® App by any third party.
14.1.5 Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the ActiBreathe® App.
These Terms shall be governed and construed exclusively in accordance with the laws of England without regard to its conflict of law provisions.
We reserve the right to update or change these Terms at any time. Your continued use of the ActiBreathe® App after we post any modifications to the Terms on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms.
For any questions about these Terms, please contact us at [email protected]
(E & OE).
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