BRIOMETRIX TERMS OF SERVICE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP.

By using this application (the “App”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. Briometrix Pty Ltd may change these Terms of Use at any time without notice, effective upon its posting to the App. Your continued use of the App shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not download or use this App.

Physical Activity Notice

The App may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. Briometrix Pty Ltd is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the App.

App Purchase

By Purchasing the Briometrix Go App or registering for an account on any site you are legally bound to the following terms and conditions.  Prices, features, terms and offerings on the App are subject to change at any time and without notice.  If purchased through iTunes or Google Play, (App Stores) you also are bound by end user license agreements, terms, conditions and privacy policies you agreed to upon registration with iTunes and Google Play.  Visit App Stores to learn more about their policies.

Subscription

Annual or Monthly Subscriptions:  Subscription plans offered currently are annual or monthly.

Monthly subscriptions are on a month to month basis. Your monthly subscription begins on the day you subscribe and will be in effect for 30 days thereafter.  If you have purchased a monthly subscription your subscription will renew automatically for the next month unless you cancel your subscription.  Monthly subscriptions may only be purchased through iTunes and Google Play (App Stores) who will process the renewal automatically using payment information you provided when the account was set up. You should receive a monthly account statement from you App Store reflecting these payments.  Note that you will not receive a notice that your subscription is about to expire OR that it will automatically renew.

Annual subscription plan begins on the day you subscribe and will be in effect until one day prior to your one year anniversary of subscribing.  If you have purchased an annual subscription your subscription will renew automatically for the next year unless you cancel your subscription.  Annual subscriptions may only be purchased through iTunes and Google Play (App Stores) who will process the renewal automatically using payment information you provided when the account was set up. You should receive an annual account statement from you App Store reflecting your payment.

Change or Cancelation

Any change to your payment method would be made through your corresponding App Store account.  All cancelations should be initiated through your App Store account using the process provided by them.  Briometrix Pty Ltd does not have the ability to cancel a subscription purchased through an App Store on your behalf nor can payments be refunded due to nonuse.

Briometrix Pty Ltd does not collect monthly subscription payments directly and does not keep your payment information.

Intellectual Property

All intellectual property on the App is owned by Briometrix Pty Ltd or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered, and/or licensed by Briometrix Pty Ltd.  All content on the App (except for Personal Information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the Australian and other copyright laws and is the proprietary property of Briometrix Pty Ltd.  All rights reserved.

App Use Restrictions

You must be 15 years old to purchase the Brio Go App.  You may utilize the App Content only for personal non-commercial use. You agree not to change or delete any ownership notices from materials downloaded or printed from the App. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, post, transmit or sell any Intellectual Property or Content appearing on the App, including Personal Information (defined below), without Briometrix Pty Ltd prior written consent, unless it is your own Personal Information that you legally post on the App. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Personal Information

To use the App, you may be asked to provide certain personal information (the “Personal Information”), including information about your wheelchair, injury level, weight, age and gender, to optimize your use of the App. If you choose to provide such Personal Information, you agree to provide accurate and current information about yourself.  You agree that Briometrix Pty Ltd will not be responsible for any injury related to any Personal Information you submit to the App or omit. The use or disclosure of any Personal Information you supply will be governed by our Privacy Policy.

Links

The App may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). Briometrix Pty Ltd. does not endorse, monitor, or have any control over these Third-Party Platforms, which have separate terms of use and privacy policies. Briometrix Pty Ltd  is not responsible for the content or policies of Third-Party Platforms and you access such Third-Party Platforms is at your own risk.

Mobile Services

The App contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using Briometrix Pty Ltd  mobile services, you agree that Briometrix Pty Ltd may communicate with you by electronic means via  your mobile Device and that certain information about your use of these services may be shared with us.

You agree that if you change or deactivate your mobile phone number, or change your device you must promptly update your account information as from time to time it may become necessary for Briometrix Pty Ltd to download updates to our software particular to your device.

Indemnification

You agree to indemnify, defend, and hold harmless Briometrix Pty Ltd its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your Personal Information, your use of the App, your conduct in connection with the App or with other App users, or any violation of these Terms of Use, any law or the rights of any third party.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this App.

User Interaction Disclaimer

You are solely responsible for your interactions with other people, whether online or in person. Briometrix Pty Ltd  is not responsible or liable for any loss or damage resulting from any interaction with other App users, persons you meet through the App, or persons who find you because of information posted on, by or through the App. You agree to take reasonable precautions in all interactions with other users on the App, and conduct any necessary investigation before meeting another person. Briometrix Pty Ltd is under no obligation to become involved with any user dispute but may do so at its own discretion.

Non Medical Device

Briometrix Pty Ltd App is not a medical device and should not be used to make medical judgments.  The Briometrix Pty Ltd App is not designed or intended to cure, mitigate, treat, or prevent any condition. Prior to starting any exercise program utilizing the App please consult with your physician.  By exercising you assume risk that may result from such activity.

Maps

Map data and coverage will vary by region.  Location based features will be shared with Briometrix Pty Ltd including real time location of you and your device.  Briometrix Pty Ltd cannot guarantee the availability, accuracy, completeness, reliability, or timelines of information or location data from a third-party provider.  Location data provided by any service is provided for basic navigational and/or planning purposes only.  You agree that map services may vary from actual road or terrain conditions due to factors that can affect accuracy such as weather, pathway, buildings, trees, or other geological and geopolitical events. 

Warranty Disclaimer

Briometrix Pty Ltd is not responsible or liable for any Personal Information posted on the App or for any offensive, unlawful, or objectionable content you may encounter on or through the App. The App is provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Briometrix Pty Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.  Briometrix Pty Ltd cannot guarantee and does not promise any specific results from use of the App.  Briometrix Pty Ltd does not represent or warrant that the App will be uninterrupted or error-free, that any defects will be corrected, or that this App or the server that makes the App available are free of viruses or anything harmful. To the fullest extent permitted by law, Briometrix Pty Ltd does not make any warranties or representations regarding the use of the materials or Content in the App in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the App, loss of data or other harm of any kind that may result. Briometrix Pty Ltd reserves the right to change any and all Content and other items used or contained in the App at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

BRIOMETRIX, PTY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS APP OR THE CONDUCT OF OTHER APP USERS (WHETHER ONLINE OR OFFLINE). YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP. YOUR ONLY REMEDY AGAINST BRIOMETRIX, PTL. FOR USE OF THE APP OR ANY CONTENT IS TO STOP USING THE APP. THAT SAID, IF BRIOMETRIX, PTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS APP OR ANY CONTENT, BRIOMETRIX, PTY LIABILITY SHALL NOT EXCEED AUSTRALIAN, $100.00.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Specific to Software License

By downloading, installing, or using this software, you agree to be bound by the terms and conditions of the following:

Briometrix Pty Ltd grants you limited license to use Briometrix Pty Ltd software in the normal operation of the applicable device.  You agree that this license is exclusive to you and that it is for your use only.  You agree that this license agreement does not require a signature.  The software is provided AS IS and Briometrix Pty Ltd does not warrant the performance of the software or that the software will meet your requirements or operate free of error.

Miscellaneous

You agree that Briometrix Pty Ltd the creators of this App is based in Sydney, NSW Australia which does not give rise to personal jurisdiction over Briometrix, PTY in jurisdictions other than in Australia. You agree that this App, Terms of Use, Privacy Policy and any dispute between you and Briometrix Pty Ltd shall be governed in all respects by the Laws of Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this App shall be resolved individually, without resort to any form of class action, and exclusively in the courts located in Sydney, New South Whales, Australia. You consent to waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in the state and courts of Sydney, New South Whales, Australia.  Any cause of action or claim you may have with respect to the App must be commenced within one (1) year after the claim or cause of action arises. By using the App, you agree to receive certain electronic communications from Briometrix Pty Ltd. You agree that any notice, agreement, disclosure, or other communication that Briometrix Pty Ltd sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.  Briometrix Pty Ltd failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. Briometrix Pty Ltd may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Termination

Briometrix Pty Ltd reserves the right in its sole discretion to terminate your account, delete your profile and any of your Personal Information, and restrict your use of all or any part of the App for any or no reason, without notice, and without liability to you or anyone else. Briometrix Pty Ltd also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the App. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.