Prevayl Account Terms and Conditions

Who we are and what these terms of service do

We are Prevayl Holdings Limited of 57 Spring Gardens, 38-54 Mosley Street, Manchester, M2 3AZ, United Kingdom, and we license you to use:

  • the Prevayl mobile application software (App) and any updates or supplements to it;
  • the Prevayl cloud-based platform which underpins the App (Platform); and
  • the Prevayl clothing product (including the sensor) that you may purchase at https://shop.prevayl.com/product and connect to via the App or Platform, and the information and content we provide to you through you doing so (Services),

as permitted in these terms of service (Terms). You do not need to purchase a Prevayl clothing product or sensor to use the App or the Platform, but you will not have access to many of the Services that are available through the App and/or the Platform without connecting a clothing product or sensor. The App is available to download at GooglePlay and the Apple AppStore, and is only available for download within the UK.

Your privacy

We only use any personal data we collect through your use of the App, Platform and the Services in the ways set out in our Privacy Policy.

Please be aware that internet transmissions may never be completely private or secure and that any message or information you send using the App, Platform or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Please be assured that we will take security of your data very seriously and take all reasonable care to ensure your personal data is secure whilst using our App, Platform and Services.

Operating system and browser requirements

The App requires a recent Android or iOS device to run on. Generally, we maintain compatibility with the last three versions of each mobile operating system.

Use of the Platform requires a recent browser running on a desktop, laptop or mobile phone.

Creating and account

Full use of the App, Platform and our Services requires that you create an account by providing us with all relevant personal information as well as a password. You must provide us with accurate and complete information about you. You agree not to
impersonate any other person or entity. You are responsible for all activity that occurs in association with your account. Please email our customer service team at help@prevayl.com if you discover or suspect any security breach related to your account.

We may suspend or terminate your account and your ability to use our App, Platform and/or Services for a failure to comply with these Terms. You may close your account at any time by contacting our customer service team at help@prevayl.com.

Support

Support. If you want to learn more about the App, Platform or our Services or have any problems using them please take a look at our support resources at https://prevayl.zendesk.com/hc/en-gb.

Contacting us (including with complaints). If you think the App, Platform or our Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at help@prevayl.com.

How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us. Please ensure your email address is kept up to date.

How you may use the app and the platform, including how many devices you may use it

In return for your agreeing to comply with these Terms you may:

  • download the App onto any number of suitable devices and view, use and display the App and the Service on such devices for your personal purposes only;
  • use the Platform including any family, group, company or team facilities you have signed up for via the Platform; and
  • receive and use any free supplementary software code or update of the App or Platform incorporating "patches" and corrections of errors as we may provide to you.

You must be 18 or over to accept these terms and use the app and the platform

You must be 18 or over to accept these terms and use the App and the Platform.


You may not transfer the app or platform to someone else

We are giving you personally the right to use the App, the Platform and the Services as set out above. You may not otherwise transfer the App, the Platform or the Services to anyone else.

If you sell any device on which the App or the Platform is installed, you must remove the App and the Platform from it. We will not be responsible for your personal data where you sell or transfer the App, Platform or use of the Services to anyone else.


Changes to these terms

We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will notify you when we do this.

If you do not agree with the notified changes you must of your own accord stop using App and the Platform and remove them from your devices. If you do not stop using the App and the Platform and remove them from your devices you will have signified your agreement with the notified changes. If you do not change your email address if you discontinue using that email address you agree to all notified changes that we make.


Update to the app and changes to the services

From time to time we may automatically update the App, the Platform and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App or the Platform for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App, the Platform and the Services.


If someone else owns the phone or device you are using

If you download the App or Platform onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.


We may collect technical data about your device

By using the App, the Platform or any of the Services, you agree to us collecting and using technical information about the devices you use the App and Platform on and related software, hardware and peripherals to improve our products and to provide any Services to you. Further information is provided in our Privacy Policy.

We may collect location data (but you can turn location services off)

Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App or Platform on the device. If you use our Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may stop us collecting such data at any time by turning off the location services settings on your device. Further information is provided in our Privacy Policy.

We are not responsible for other websites you link to

The App, the Platform or any Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.


Licence restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App, the Platform or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, Platform or Services, except as part of the normal use of the App or Platform or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Platform or Services nor permit the App, Platform or the Services or any part of them to be combined with, or become incorporated in, any other
    programs, except as necessary to use the App, Platform and the Services on devices as permitted in these Terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App, Platform or the Services nor attempt to do any such things, except to the extent permitted by law;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App, the Platform or any Service.

Acceptable use restrictions

You must:

  • only connect to the Services using a Prevayl clothing product and electronic sensor that is manufactured, distributed or sold by Prevayl itself or through its authorised resellers or agents;
  • not use the App, Platform or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, Platform, any Services or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App, Platform or any Services, including by the submission of any material (to the extent that such use is not licensed by these Terms);
  • not use the App, Platform or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services; and
  • not upload, distribute or transmit any virus, or, any material through our App or Platform that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities.

Your content

Our App and Platform permit you to automatically and/or manually upload data, exercise regimes and/or other information and content in order to receive our Services. We define this as your “Content”. We process your Content in accordance with
our Privacy Policy. Unless otherwise agreed you retain all rights in and to your Content.

By using our App, Platform and our Services you permit us to you use your Content and grant us a worldwide and royalty free licence to use such Content to permit us to perform our Services.


Intellectual property rights

All intellectual property rights in the App, the Platform and the Services throughout the world belong to us (and/or our licensors) and the rights in the App, Platform and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Platform or the Services other than the right to use them in accordance with these Terms.


No warranties

Our App, Platform and our Services are provided "as is" and without warranties of any kind. To the fullest extent permitted by law, we do not make any warranties or representations, express or implied, regarding the access and use of our App, Platform and our Services including, but not limited to (i) correctness, errors and accuracy (ii) adequacy, (iii) usefulness,(iv) reliability, defects, operation and availability (v) non-infringement, (vi) security, the risk of interception of information, viruses or anything else harmful, (vii) workmanlike effort, support, information or services, (viii) offensive, threatening, defamatory, unlawful or otherwise objectionable character. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error free basis.


Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for business losses. The App and the Platform is for domestic and private use. If you use the App or the Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or for any indirect or consequential losses.

Limitations to the App, the Platform and the Services. The App, Platform and the Services are provided for general information and health purposes only. They do not offer advice on which you should rely. Any reliance you place on our Services is entirely at your own risk. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App, Platform or the Service. Although we make reasonable efforts to update the information provided by the App, Platform and the Service, we make no representations, warranties or
guarantees, whether express or implied, that such information is accurate, complete or up to date.

The accuracy of the data collected and presented back to you via our App, Platform and our Services is not intended to match that of medical devices or scientific measurement devices. A small percentage of people may have certain health conditions preventing the creation of enough signal to produce a good reading and transfer of data which may impact the ability to use the Services effectively.

People who have a pacemaker, defibrillator, or other implanted electronic devices use the Prevayl sensor at their own risk. Before starting the initial use of the product, we recommend an exercise test under a doctor’s supervision. This will ensure the safety and reliability of the pacemaker and Prevayl enabled garment when being used simultaneously. Exercise may include some risk, especially for those who have been sedentary. We strongly advise you to consult your doctor prior to beginning a regular exercise program.

Whilst Prevayl’s technology is validated as being accurate, it is not a medical product and Prevayl will not accept responsibility for any erroneous data readings.

Always consult your doctor before beginning an exercise program. Overexertion may cause serious injury.

Please back-up content and data used with the App and Platform. We recommend that you back up any content and data used in connection with the App and Platform, to protect yourself in case of problems with the App, Platform or the Service.

Check that the App, Platform and the Services are suitable for you. The App, Platform and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App, Platform and the
Services (as described on the Apple App Store and Google Play Store) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App, Platform or the Services is delayed by an event outside our control then we will endeavour to contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay.


We may end your rights to use the app, platform and the services if you break these terms

We may end your rights to use the App, Platform and Services at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App, Platform and Services:

  • You must stop all activities authorised by these Terms, including your use of the App, Platform and any Services.
  • You must delete or remove the App and Platform from all devices in your possession and immediately destroy all copies of the App and Platform which you have.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing (including by email) if this happens and we will ensure that the transfer will not affect your rights under the contract.


You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.


No rights for third parties

These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.


If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.


Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.


Which laws apply to this contract and where you may bring legal proceedings

These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.


Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider or the Citizens Advice Consumer Service.

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