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.
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.
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.
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
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.
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.
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.
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.