Licence agreement terms and conditions

PLEASE READ THESE LICENCE AGREEMENT TERMS AND CONDITIONS CAREFULLY

Revitive Coach is licensed to the end-user (hereinafter “You”, “Your”) by Actegy Limited the Licensor (hereinafter “We”, “Our”), located at: Actegy Ltd, 1 West Point, Western Road, Bracknell, RG12 1HJ, United Kingdom for use only under the terms of this Licence agreement (hereinafter the “Agreement”),

By downloading the App from the Apple AppStore or Google Play Store, and any update thereto (as permitted by this Agreement), You indicate that You agree to be bound by all the terms and conditions (hereinafter the “Terms”) of this Agreement and that You accept this Agreement.

The parties to this Agreement acknowledge that neither Apple nor Google are a Party to this Agreement and are not bound by any provisions or obligations regarding the App, such as warranty, liability, maintenance and support thereof. Actegy Limited (not Apple nor Google) is solely responsible for the licensed App and the content thereof.

This Agreement may not provide for usage rules for the App that conflict with the latest Apple App Store and Google Play store Terms of Service. Actegy Limited acknowledges that it had the opportunity to review said terms and this Agreement is not conflicting with them.

All rights not expressly granted to You are reserved to Actegy Limited.

Your privacy

We only use any personal data We collect through Your use of the App in the ways set out in our privacy policy available in the App settings.

Please be aware that internet transmissions are never completely private or secure and that any message or information You send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

HOW YOU MAY USE THE APP

Revitive Coach (hereinafter “App”) is a piece of software created to control the Revitive Medic Coach Device and to help guide users through its usage following suggested Therapy Plans.

This App does not provide medical advice. It is intended for informational purposes only. It is not a substitute for professional medical advice, diagnosis or treatment. Never ignore professional medical advice in seeking treatment because of something You have read on the App.

You must be 18 to accept these terms and buy the app.

You confirm that You are over 18 years of age.

You may not transfer the App to someone else

You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed App on any Apple-branded Products or Android Products that You own or control and as permitted by the Terms set forth in this section and the App Store or Google Store Terms of Service, with the exception that such licensed App may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing.

Changes to these terms

We may need to change these Terms to reflect changes in law or best practice.

If You do not accept the notified changes You may continue to use the App in accordance with the existing Terms, but certain new features may not be available to You or will not be permitted to continue to use the App.

CREATING AN ACCOUNT

Full use of the App requires that You create an account by providing us with information such as Your full name and a valid email address, as Well as a strong password. You are responsible for all activity that occurs in association with Your account. We are not liable for any loss or damages caused by Your failure to maintain the confidentiality of Your account credentials. Please contact Customer Support if You discover or suspect any security breach related to the App or Your account.

Update to the App

From time to time We may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, We may ask You to update the App for these reasons. We will only support the latest update version of the App and the version prior to that.

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 .

You acknowledge that it is Your responsibility to confirm and determine that device on which You intend to use the App satisfies the technical specifications mentioned above, and for procuring, maintaining and securing Your network connections to access the App.

Licence restrictions

You agree that You will :

• not share or make the App available to third parties (unless to the degree We allowed by the Apple Terms of Service or Google Play Terms of Service and with Our prior written consent), sell, rent, lend, lease or otherwise redistribute the App.
• not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the App, or any part thereof unless We grant You our prior consent.
• not copy (unless We expressly grant You the authorisation) or alter the App or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the Terms of this Agreement, the App Store or Google Play store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
• not frame, mirror, republish, download, display, transmit, hyperlink to, or distribute all or any part of the App or its content in any form or media or by any means, or allow any third parties to access, use or benefit from the App or content in any way;
• not use the App or content to provide services to third parties, or to build a service that competes with the App, or rent, lease, transfer, assign, disclose, or otherwise commercially exploit, or otherwise make the App or content available to any third party.
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App .

Support for the App and how to tell us about problems

We are solely responsible for providing any maintenance and support services for this App. You can reach us at the following email address listed in the Apple App Store or Google Play Store coach@revitive.com and by post at the following address:

Actegy Ltd

1 West Point, Western Road

Bracknell

RG12 1HJ

 

We and You acknowledge that neither Apple nor Google have an obligation whatsoever to furnish any maintenance and support services with respect to the App.

We may collect technical data about Your device

By using the App, You agree to Us collecting and using technical information about the devices You use the App on and related software, hardware, and peripherals to improve Our products and to provide any Services to You.

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

The following Services will make use of location data sent from Your devices:

• Location data is needed to establish a Bluetooth Low Energy connection between the Revitive Medic Coach and Your device. Once this connection has been made You can switch off that service;
• Location data may be needed to determine Your country of residence to provide You with the legal policies, cautions and warnings applicable to Your country of residence.

You can turn off this functionality at any time by turning off the location services settings for the App on the device.

 

WE MAY SEND YOU NOTIFICATIONS ON YOUR APP

We may send You notifications on Your App in relation to Your purchases from Us or any licenced reseller of Our products, or Your usage of the products or any software associated with it. The ability to opt out from these notifications can be done via the settings section of the App.

YOUR GENERATED CONTRIBUTIONS

The App may invite You to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Us or in the App, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the App and through third-party Websites or Apps. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions, You thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the App, and other users of the App to use Your Contributions in any manner contemplated by the App and these Terms.
3. Your Contributions are not false, inaccurate, or misleading.
4. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
5. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
6. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
7. Your Contributions are not used to harass or threaten (in the legal sense of those Terms) any other person and to promote violence against a specific person or class of people.
8. Your Contributions do not violate any applicable law, regulation, or rule.
9. Your Contributions do not violate the privacy or publicity rights of any third party.
10. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or Well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the App in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of Your rights to use the App.

CONTRIBUTION LICENCE

If You submit contributions to us, You agree that We can use, disclose, reproduce, distribute and exploit them without any restriction or compensation to You. We do not waive any rights to use similar or related ideas or contributions previously known to Us, developed by Us, or obtained from sources other than You.

We are not liable for any statements or representations in Your Contributions provided by You in any area in the App. You are solely responsible for Your Contributions to the App and You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding Your Contributions.

We have the right, in our sole and absolute discretion, (1) to reasonably edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the App; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor Your Contributions.

 

ACCEPTABLE USE RESTRICTIONS

You must:

• not use the App 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, or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to Your use of the App or, including by the submission of any material (to the extent that such use is not licensed by these Terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the App;
• not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

 

WARRANTY

We warrant that We Have used reasonable efforts to ensure that the App is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. We warrant that the App works as described in the user documentation provided with the product purchased of which a digital copy can be found within the App.

No warranty is provided for the App that is not executable on the device, that has been unauthorisedly modified, handled inappropriately, combined, or installed with inappropriate hardware or software, used with inappropriate accessories, regardless of if by Yourself or by third parties, or if there are any other reasons outside of Our sphere of influence that affect the executability of the App.

Any defects should be reported directly to the Us via the contacts found within the App. If We confirm that the App is defective, We reserve a choice to remedy the situation either by means of solving the defect or substitute delivery.

PRODUCT CLAIMS

We and You acknowledge that Actegy Limited, (not Apple nor Google), is responsible for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App, including, but not limited to:

(i) product liability claims;

(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement,

(iii) claims arising under consumer protection, privacy, or similar legislation.

CANCELLATION

You may cancel Your access to the App at any time by deleting the App. If You want any data to be removed please contact our support team at coach@revitive.com

 

Our responsibility for loss or damage suffered by You

We are not responsible to You for unforeseeable loss and damage. 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.

When We are not liable for damage to Your property. We will not be liable for damage that You could have avoided by following our advice to apply an update offered to You free of charge or for damage that was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

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

Limitations to the App. The App is provided to control the device and give a suggested Therapy Plan to follow with data to track progress on Your entered symptoms It does not offer advice on which You should rely. You must obtain medical, professional or specialist advice before taking, or refraining from, any action based on information obtained from the App. It is not intended to diagnose, treat, cure, or prevent any disease. If You have a medical or heart condition, consult Your doctor before using the App. If You are pregnant or experience a medical emergency stop using the App and consult with a medical professional. We are not responsible for any health problems that may result from the Therapy Plan suggested by the App on Your entered symptoms. Although We make reasonable efforts to update the information provided by the App, We make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Check that the App is suitable for You. The App has not been developed to meet Your individual requirements. Please check that the facilities and functions of the App (as described on the Appstore site and in Our documentation) meet Your requirements.

We are not responsible (except where required by applicable law), for or liable to You or to any authorised user or third party for any loss or damage arising in connection with:

• the use of, or inability to use, the App;
• the use of or reliance on any content displayed on or given via the App or any related social media or third party sites;
• any errors or inaccuracies in the content;
• use of Websites linked to the App;
• any unavailability of the App;
• the use of or reliance on content submitted by any user of the App, whether appearing on Our Website or on a related social media site or other related third party site;
• a virus or other technologically harmful material that may affect Your device, software, data or other materials and which arises from Your use of the App or Your downloading of any content.

We are not responsible for any loss, damage or cost resulting from any decisions that are made in reliance on the App or content, and You agree that the use of the App is at Your own risk.

Subject to the above, Our total aggregate liability to You shall not exceed £1 and all other liabilities are excluded to the fullest extent permitted by Your applicable law.

We are not responsible for events outside our control. If Our provision of the Services or support for the App is delayed by an event outside our control, then We will contact You as soon as possible to let You know, and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event but if there is a risk of substantial delay You may contact Us to end Your Agreement with Us and receive a refund for any Services You have paid for but not received.

We takes no accountability and responsibility in case of ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE OUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL OUR’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OUR SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO US OR ONE POUND (£1), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TERMINATION

The Agreement is valid until terminated by Us or by You. Your rights under this Agreement will terminate automatically and without notice from Us if You fail to adhere to any term(s) of this Agreement. Upon termination, You shall stop all use of the App, and destroy all copies, full or partial, of the App.

THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

We warrant that We will comply with applicable third-party (such as but not limited to Apple, Google) terms of Agreement when using the App. This Agreement does not give rise to any rights under the Agreements (Rights of Third Parties) to enforce any Term of this Agreement.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or licensee of any and all patents, copyright, trade secrets, trademarks and any other intellectual property rights that subsist in the App and associated Services. Title to the App shall remain vested in Us or Our licensors. Any rights not expressly granted herein are reserved to Us.

We and You acknowledge that, in the event of any third-party claim that the App or Your possession and use of that App infringes on the third party's intellectual property rights, We, and not Apple nor Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claims.

LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is 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.

APPLICABLE LAW

This Agreement is governed by, and construed in accordance with, the laws of England, and the parties submit to the non-exclusive jurisdiction of the courts of England to the extent permitted by applicable law.

 

MISCELLANEOUS

If any of the Terms of this Agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid Terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

We may transfer our rights and obligations under the Agreement with You to another organisation. We will notify You in writing if this happens, but this will not affect Your rights or obligations under the Agreement. You may only assign or transfer Your rights or obligations under the Agreement if We agree in writing.

The Agreement constitutes the entire agreement between You and Us, and supersedes and takes precedence over all other representations, agreements, and other communications between You and Us on this subject, both oral and written.

If a dispute arises that You and We are unable to resolve between ourselves, You and We agree to first attempt to settle it by mediation under the CEDR dispute resolution procedure, and neither party shall commence court proceedings until it has attempted to settle the dispute by mediation. However, nothing in the Agreement shall limit either party’s right to seek injunctive relief.

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.

If We fail to insist that You perform any obligation under the Agreement, or if We do not enforce Our rights against You when We are entitled to do so, or if We delay in doing so, that will not mean that We have waived Our rights against You or that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.

The Agreement may not be changed, modified, amended, released, or discharged except by a subsequent written agreement or amendment executed by Us and You.

The Agreement is between You and Us. No other person shall have any rights to enforce any of its Terms.

REVITIVE COACH PAID PRODUCT TERMS

The Revitive Thigh Pads (hereinafter ‘’Paid Product’’) is one-time purchase. One-time purchases have a 14-day cooling off period in which time You may cancel Your purchase for a full refund as described in our online terms and conditions*.

*The Thigh Pads are disposed once returned for hygienic purposes and Your knee program would be disabled

You authorize us to charge Your chosen payment method for the Paid Product. By providing a payment method that We accept, You represent and warrant that You are authorized to use the designated payment method and that You authorize us (or our third-party payment processor) to charge Your payment method for the total amount of Your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, Your Paid Product may be cancelled. You must resolve any problem We encounter in relation to the payment method You select to proceed with Your use of the Product.

Please note that if You accept a promotional offer, the amount billed may vary. It may also fluctuate due to changes in applicable taxes or currency exchange rates. You authorize Us (or our third-party payment processor) to charge Your payment method for the corresponding amount.

We shall not retain any card payment details. All card payments are subject to authorisation by the card issuer.

You agree to pay Us as set out in these Terms and in accordance with the terms and conditions of Our online payments’ provider. You are responsible for all other payment card charges and all internet connection or telecommunications charges that You may incur.

Our online payment provider is authorised and registered by the Financial Services Authority and is obliged to comply with the Payment Card Industry Data Security Standard (PCI DSS) and to keep all personal information secure and private. Please refer to their terms and conditions for further information https://stripe.com/legal.