Terms Of Service

1. Introduction

Welcome to SenseFit ("we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of:

• The SenseFit mobile application ("App"), available on iOS and Android, which uses biometric data (primarily from Fitbit devices or manual entry) and machine learning algorithms to provide insights related to potential injury risks and general wellness recommendations.

• Our website located at sensefit.co.uk ("Website").

By downloading, accessing, or using the App or Website (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

2. Eligibility

You must be at least 18 years old to create an account and use the Services. By registering for an account and using the Services, you represent and warrant that you meet this age requirement and that all information you provide during registration and use is accurate, current, and complete.

3. Your Account

• Registration: You must register for an account to use the App, providing information such as your name and email address, and creating a password.

• Security: You are solely responsible for maintaining the confidentiality of your account credentials (email and password) and for all activities that occur under your2 account. You agree to notify us immediately at [email address removed] of any suspected or actual unauthorized use of your account or any other breach of security.

• Data Accuracy: You agree to provide accurate and truthful biometric data, whether synced via Fitbit or entered manually. The accuracy of the insights provided by the App depends heavily on the quality of the data you provide.

4. Use of the Services

• Purpose: The SenseFit App is intended as a general wellness tool to help you understand potential injury risks based on patterns identified in your biometric data (such as heart rate variability, sleep patterns, activity levels). It provides general recommendations and insights.

• NOT MEDICAL ADVICE: SenseFit is NOT a medical device and does NOT provide medical advice, diagnosis, or treatment. The injury risk predictions are based on machine learning models and statistical correlations, which may not always be accurate or applicable to your individual situation. Always consult with a qualified healthcare professional for any health concerns or before making any decisions related to your health or medical condition. Do not disregard professional medical advice or delay seeking it because of information obtained4 through the Services.

• Permitted Use: You are granted a limited, non-exclusive, non-transferable license to use the Services for your personal, non-commercial use only, in accordance with these Terms.

• Prohibited Actions: You agree not to:

  • Reverse-engineer, decompile, disassemble, modify, or create derivative works of the App or its underlying algorithms and code.

  • Attempt to gain unauthorized access to the Services, user accounts, or our computer systems or networks.

  • Use the Services in any manner that violates the Computer Misuse Act 1990 or any other applicable laws or regulations.

  • Submit false, inaccurate, or misleading information, including biometric data.

  • Use the Services to harass, abuse, harm, or discriminate against others.

  • Use the Services for any commercial purpose without our prior written consent.

5. Fitbit Integration

• Consent: The App integrates with the Fitbit platform via the Fitbit API to sync your biometric data. This syncing will only occur with your explicit prior consent, which you can manage or withdraw within the App.

• Fitbit's Terms: Your use of Fitbit devices and services, and the data stored within your Fitbit account, is subject to Fitbit's own terms of service and privacy policy. We are not responsible for Fitbit's data practices, policies, or the functioning of their API or devices.

6. Intellectual Property

All rights, title, and interest in and to the Services, including the App, Website, algorithms, code, text, graphics, logos, and other content (excluding your personal data), are and will remain the exclusive property of SenseFit and its licensors. These Terms do not grant you any right, title, or interest in the Services, other than the limited license to use them as described herein.

7. Disclaimers and Limitation of Liability

• "AS IS": THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

• No Guarantee: WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT THE PREDICTIONS OR RECOMMENDATIONS PROVIDED WILL BE ACCURATE, RELIABLE, COMPLETE, OR TIMELY. INJURY PREDICTION IS COMPLEX AND BASED ON PROBABILITIES; IT IS NOT A GUARANTEE OF FUTURE OUTCOMES.

• Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE UK LAW, SENSEFIT, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS WILL 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, RESULTING FROM (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (c) ANY CONTENT OBTAINED FROM THE SERVICES; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

8. Termination

• By You: You can stop using the Services at any time. You may delete your account through the App interface, which will result in the deletion of your personal data associated with the account, subject to our data retention practices outlined in the Privacy Policy.

• By Us: We reserve the right to suspend or terminate your access to the Services at any time, with or without cause or notice, particularly if you breach these Terms.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

10. Changes to Terms

We may modify these Terms from time to time. If we make material changes, we will notify you through the App, via email, or by posting the updated Terms on the Website at least 14 days before the changes become effective. Your continued use of the Services after the effective date of the updates. Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically.

11. Contact Us

If you have any questions about these Terms, please contact us at:

Email: info@sensefit.co.uk

We aim to respond to inquiries within 48 hours.