Thank you for choosing PWR Lab. By using, registering for, or accessing PWR Athlete, PWR Team, and/or PWR Research or any associated applications and sites (collectively, the “Service”), you agree to be legally bound by the following Terms of Service (collectively, the “Terms”).
At any time, we reserve the right to alter, modify, or otherwise replace the Terms at any time. Should you continue to use the Service following the notification of any changes to the Terms, that action will constitute your acceptance of the revised Terms. The Terms were most recently updated on August 7th, 2018.
1. The Service Does Not Provide Medical or Health Advice
(a) The Service’s intended use does not include diagnosis, treatment, cure, or the prevention of any disease, illness, or any health problem. The Service does not provide medical or health related advice. If you (i) have any existing medical condition, (ii) are currently taking medication, (iii) have chest pain, joint pain, or shortness of breath, or (iv) are pregnant, you should consult a physician prior to using the Service. You hereby agree that should you experience any discomfort or pain while using the Service, you will immediately discontinue use and consult with a physician.
(b) Should you experience a medical emergency you hereby agree to immediately stop using the Service and seek medical assistance. In no way is PWR Lab responsible for any medical or health problems that arise as a result of using the Service, interacting with others who use the Service, or as a result of any information made available through the Service. You hereby agree to use the Service at your own risk.
Subject to your agreement with the Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and utilize the Service In order to activate your license, you must register as a user with the Service, (collectively, an “Account”). Your license and your Account is subject to be terminated at any time without notice for any breach of this Agreement.
(a) By registering for an account, you agree to the following:
You are at least 18 years of age, or between 16 and 17 years of age with parental consent to use the Service;
All information you submit to or share with the Service will at all times be truthful, accurate, and complete;
You will not use the Service to share any uploads, information, messages, or other data (collectively, "User Content") that are illegal, defamatory, inappropriate, or abusive to other users;
You will not misuse or misrepresent the ownership of intellectual property, including, but not limited to, copyrights, trademarks or patents;
You will not disrupt, or attempt to disrupt, the Service's security, connectivity, data, or accessibility;
You will not create, or facilitate any third party in making, fraudulent purchases.
(b) We hold the right to refuse to offer the Service to anyone at any time.
3. Intellectual Property
PWR Lab owns the rights to all intellectual property used throughout the Service, including copyrights, trademarks, and patents. No license, assignment, or sale of such intellectual property has been made to you. PWR Lab reserves all rights to the intellectual property on the Service.
4. PWR Team and PWR Athlete
You may create a special Account to participate in PWR Team or PWR Research (the "Coach Account” or the “Research Account"). As a user with a Coach or Research Account, you may allow other users to connect to your account. You may receive analytical data and metrics from users who are connected to your account.
Coach and Research Accounts are subject to further charge which will be established with PWR Lab prior to account creation. All services rendered will be charged via Stripe. Coach and Research Subscriptions will not automatically renew and users with Coach or Research Accounts are required to manually renew Coach or Reserach Contracts with PWR Lab should they wish to retain access to the Service.
You acknowledge that if your Coach or Research Subscription ends without being renewed, all data in your account, including data received from other users, may be lost.
If you have an Account and are connected to a Coach Account to act as your coach, you agree that such Coach Account user will be given access to your personal data and information you entered in the system.
5. User Content
The Service may, through use of your phone or a peripheral device, collect health and personal data about you ("User Content"). User Content shall also include any information, photographs, videos, or other data uploaded to the Service in any way. You are solely responsible for your User Content.
Your User Content is used in the Service, to provide you with features and insights based on the provided data.
You have access to your User Content via the Service and can export your data anytime through the Service using the export function (‘Download Activity Summary' or ‘Download Activity Detail’ buttons on the dashboard).
You may ask us to delete all your User Content from the Service (‘right to erase').
You should backup your User Content to guard against loss. We shall in no way be responsible for any loss of User Content or other data.
Your User Content will be anonymized and used for research purposes.
Your data is not shared, distributed, used by or sold to third party unless you explicitly authorize this within the app.
6. Third Party Information
The Service may contain links to third party websites or applications. Additionally, users may provide you with links to third party websites or applications. We have no control over the content of these third party links and you agree to visit or access these links at your own risk. Please use caution when accessing any link unaffiliated with the Service.
7. LIMITATION OF WARRANTIES AND DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON "AS-IS," "WHERE-IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE (AND OUR SUPPLIERS AND LICENSORS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE TO YOU ON A TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, COMPLETE, TRUTHFUL, RELIABLE, OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL CODE.
IN NO EVENT SHALL WE OR OUR AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF, OR IN ANY WAY RELATED TO, YOUR USE OF THE SERVICE, YOUR RELIANCE ON INFORMATION FOUND ON THE SERVICE, OR YOUR INTERACTION WITH ANY USER ON THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, FRAUD, STRICT LIABILITY OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY TO YOU EXCEED FIVE HUNDRED U.S. DOLLARS ($500 USD).
THE PARTIES AGREE TO WAIVE THEIR RIGHTS TO PARTICIPATE IN ANY CLASS ACTION OR GROUP ARBITRATION AS IT RELATES TO THE SERVICE OR THE TERMS.
YOU MAY USE CERTAIN PERIPHERAL DEVICES IN CONJUNCTION WITH THE SERVICE. WE DO NOT ENDORSE OR WARRANT THE USE OF ANY OF THESE DEVICES. YOU USE THESE DEVICES AT YOUR OWN SOLE RISK.
8. Terms Specific to Apple Devices
By accessing the Service via another device, the following additional terms shall apply:
This agreement is made solely between you and PWR Lab, and not with any other company. No other company is responsible for the Service and no other company is responsible to provide maintenance or support for the Service;
The Service is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of the Terms as they are applicable to the Service;
You will not use the Service on any device that you do not own or control;
You acknowledge and agree that no other company is responsible for addressing any claims you or any third party may have in relation to the Service;
You acknowledge and agree that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
You acknowledge and agree that, in your use of the Service, you will comply with any applicable third party terms of agreement which may affect or be affected by such use;
9. Additional Terms
If any provision of the Terms is found to be unenforceable or invalid, that remainder of the Terms shall be enforced to the fullest extent possible.
The Terms shall be interpreted and construed by the laws of California and the United States. Any dispute arising from or related to your use of the Service or these Terms shall be brought exclusively in the state or federal courts of California competent to hear such dispute.
You may not assign your license or the Terms. We may assign the Terms as a condition of any sale, merger, or reorganization.
he Terms represents the full, final and complete understanding of the parties as it relates to the subject matter hereof.
1. How We Collect Personal Data
We may collect the following personal data from you at various points throughout the Service or through your communication with us:
Information automatically collected. This may include heart rate and other vital exercise related markers collected via the Service or third party apps linked to the Service. This also includes information from your mobile device, including information about ways you use the Service.
Information you submit to the Service. This includes your contact information. Your contact information is required to create an account and will be shared with any account to which you are linked (for example a Coach Account). If you do not provide an email address, we are unable to create a user account and you will therefore be unable to create an account.
Payment information. We will collect payment information from you, such as your credit card information, if necessary to process payments.
Information you email to us. If you communicate with us via email or through a contact form, we will collect any information you transmit (including information through the PWR Lab website).
Our legal basis for collecting these data is our legitimate interest, meaning providing you with features, functionalities and insights in the Service, improving the Service, generating new scientific discoveries, mailing and marketing actions, billing, and to meet contractual obligations.
2. How We Use Personal Data
We may use your personal data for a variety of purposes aimed at providing and enhancing the Service.
We use your personal data to create and manage your account in use the Service.
We may share your personal data with coaches and other users that you have selected as authorized to receive your personal information. You may disable this function be removing access for these users.
We may use your personal data to analyze your fitness performance and to calculate metrics such as heart rate variability, training load, and other information, so that we can provide you with additional features and functionalities in the Service.
We may use your personal data to send you emails and alerts from the Service. You may disable these messages by clicking the "unsubscribe" button in an email sent by us.
We may use personal data collected for research purposes and scientific publications. Personal information used in this fashion will be anonymized. If you do not wish to share your data for research purposes and scientific publications, please contact us.
We may share your personal data with law enforcement or governmental entities if we are required to do so by law.
By using the Service, you acknowledge and explicitly agree that, with your permission, we will share some personal data, with third party devices and services.
You furthermore understand and agree that the technical processing and transmission of the Service, including your Personal Data, may involve (i) transmissions over various networks; and (ii) modifications to conform and adapt to technical requirements of connecting networks, or devices.
3. Your Payment Information
Our third party payment processors ("Payment Processors") may collect, store, and use your payment information, such as your credit card information, to process orders for the Service. This information is encrypted and transmitted to the Payment Processors in a secure fashion.
4. Account Termination
We may delete your personal information upon termination of your account. Please note that, due to our archival practices, we may not delete all of your information upon termination. Please contact us with specific questions regarding your personal information after termination.
5. Your Rights
You may ask us to provide you with personal data we have about you. Note that you can access and edit your personal data within the Service.
You may ask us to delete your entire account and data.
You may ask us not to process your personal information for marketing purposes.
6. Your Security
Your security is very important to us. We utilize a variety of physical, electronic, and managerial methods of protecting your personal information from loss or breach. Nevertheless, it is impossible for us to guarantee the safety and security of your personal information. You agree to hold us harmless for any damage, claim, or liability that may result from any loss or breach of personal information or other data.
In case of detected security breach, you will be promptly informed.
Your login credentials, including your password, should be kept confidential at all times. Do not share these with any other person.
7. Third Party Websites or Applications
You acknowledge and agree that certain content or services provided by Third Parties may be made available to you through the Products. You agree that such linked content or services may have their own privacy policies for which we cannot be held responsible.