Terms of Service





SPORTGAIT, INC. Terms of Use

Last updated: December 18, 2023

Acceptance of Terms

These Terms and Conditions of Use (the “Terms of Use”) apply to the use of the SportGait app or services (the “App” or “Services”) and all associated sites linked to its subsidiaries and affiliates. The App is the property of SportGait, Inc. (“SPORTGAIT”) and its licensors. BY USING THE APP, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE APP.

Intended Use as Informational Only

THE APP AND/OR SERVICES ARE FOR YOU OR OTHER THIRD PARTIES FOR YOUR PERSONNEL INFORMATION USE ONLY AND ARE NOT INTENDED TO BE USED FOR ANY MEDICAL DIAGNOSIS. THE TESTS PERFORMED USING THE APP AND/OR THE SERVICE, THE RESULTS AND ANALYSIS ARE PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE. IF YOU BELIEVE YOU HAVE SUFFERRED FROM A MEDICAL CONDITION, IRRESPECTIVE OF ANY RESULTS OR ANALYSIS FROM THE USE OF THE APP AND/OR SERVICE, YOU SHOULD IMMEDIATELY CONTACT A MEDICAL PROVIDER. IF AT ANYTIME WHILE USING THE APP AND/OR SERVICES AN MEDICAL EMERGENCY DEVELOPS, CALL 911 FOR MEDICAL ASSISTANCES IMMEDIATELY.

Change of These Terms

SPORTGAIT reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the App following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, SPORTGAIT grants you a personal, non-exclusive, non-transferable, limited privilege to download and use the App.

Privacy Policy

For information about how we collect and use information about users of the Service please check our privacy policy available at https://sportgait.com/privacy.html

Third Party Services

We may provide you with a link to third party websites or services that we do not own or control (for example a credit card payment service or a calendar app). Your use of the Services may also include the use of applications that are developed or owned by a third party. Your use of such thirds party applications, websites, and services is governed by that third part’s own terms of service or privacy policy. We encourage you to read the terms and conditions and privacy policy of any third-party application, website or service that you visit.

Accounts, Passwords and Security

Certain features or Services offered on or through the App may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify SPORTGAIT immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by SPORTGAIT or any other user of the App due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. SPORTGAIT cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

SPORTGAIT’s Privacy Policy applies to use of this App, and its terms are made a part of these Terms of Use by this reference. By using the App, you acknowledge and agree to the terms and conditions contained in our Privacy Policy. You understand that any message or information you send to the App may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Content and Conduct

The Services may allow you and other users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including legality, reliability, and appropriateness.

When you post, link, or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself.

Aside from our limited right to your content, you retain all of your rights to the content that you post, link and otherwise make available on or through the Service.

You can remove the content that you post by deleting it. Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backup for some period of time. We will retain web server access logs for a maximum of 30 days and then delete them.

You may not post, link and otherwise make available on or though the Service any of the following;

  1. Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
  2. Content that is illegal or unlawful, that would otherwise create a liability;
  3. Content that may infringe or violate any patent, trademark, trade secret, copyright, right to privacy, right to publicity or other intellectual or other right of any party;
  4. Mass or repeat promotions, political campaigning or commercial messages directed at user who do not follow you (SPAM);
  5. Private information of any third party, including but not limited to addresses, phone numbers, e-mail addresses, Social Security numbers or credit card information; and
  6. Viruses corrupted data or other harmful, disruptive or destructive files or codes.

Also you agree that you will not do any of the following in connection with the Service or other users;

  1. Use the Service in any way manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the service;
  2. Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  3. Collect any personal information about other users or intimidate, threaten, stalk or otherwise harass other users of the Service;
  4. Create an account or post any content if you are not over 18 years of age;
  5. Will not use the Service and/or post any content for any person that is under the age of 18 without specific consent from that individuals parent;
  6. Circumvent or attempt to circumvent any filtering, security measures, rate limits, or other features designed to protect the Service, users of the Service or third parties; and
  7. Use the Service for any purpose other than its intended use.

Intellectual Property within App

SPORTGAIT owns the intellectual property (“Intellectual Property”) rights within and associated with the App. These include, but are not limited to, any logos, algorithms. graphic, all designs, pictures, and the content (excluding your content). This Intellectual Property while owned by us or our licensors and it is protected by the U.S. and international copyright and patent laws. We grant you the right to use this Intellectual Property.

However, unless expressly stated otherwise, your rights do not include;

  1. Publicly performing or publicly displaying the Service;
  2. Modifying or otherwise making any derivative use of the Service, algorithms or any portion thereof of;
  3. Using any data mining, robots or similar data gathering or extraction methods;
  4. Downloading (other than the page cashing) of any portion of the Service or information contained therein;
  5. Reverse engineering or accessing the Service in order to build a competitive product or Service; or
  6. Using the Service for other than for its intended purpose.

If you do any of the above, we may terminate your use of the Service.

Hyperlinks and Third Party Content

You may create a hyperlink to the Service. But, you may not use frame or utilize framing technique to enclose any of our trademarks, logos, or other Intellectual Property without expressed written consent.

SPORTGAIT makes no claims or representations regarding and accepts no responsibility for third party websites accessibility by hyperlinks from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms of Use and our policies no longer govern.

If there is any content on the Service from you or others, we don’t review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties or guaranties relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

Disclaimers

SPORTGAIT DOES NOT PROMISE THAT THE SERVICE OR ANY CONTENT, OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED BY THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. SPORTGAIT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SPORTGAIT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED ORAL OR WRITTTEN, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPORTGAIT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SPORTGAIT FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

SPORTGAIT reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Service or any portion of the Service, for any reason; (2) to modify or change the Service, or any portion of the Service, and any applicable policies or terms; and (3) to interrupt the operation of the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will SPORTGAIT be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if SPORTGAIT has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, SPORTGAIT is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service or any Content, whether in contract , tort, strict liability or otherwise, SPORTGAIT’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any Service or feature of or on the Service paid in the twelve months prior to the date of the initial claim made against SPORGAIT (but not including the purchase price for any SPORTGAIT hardware or software products or similar support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold SPORTGAIT, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against SPORTGAIT by any third party due to or arising out of or in connection with your use of the Service.

Violation of These Terms of Use

SPORTGAIT may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Service, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SPORTGAIT’s rights or property, or the rights or property of visitors to or users of the Service, including SPORTGAIT’s customers. SPORTGAIT reserves the right at all times to disclose any information that SPORTGAIT deems necessary to comply with any applicable law, regulation, legal process or governmental request. SPORTGAIT also may disclose your information when SPORTGAIT determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that SPORTGAIT may preserve any transmittal or communication by you with SPORTGAIT through the Service or any service offered on or through the Service, and may also disclose such data if required to do so by law or SPORTGAIT determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of SPORTGAIT, its employees, users of or visitors to the Service, and the public.

You agree that SPORTGAIT may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Service. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to SPORTGAIT, for which monetary damages would be inadequate, and you consent to SPORTGAIT obtaining any injunctive or equitable relief that SPORTGAIT deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SPORTGAIT may have at law or in equity.

You agree that SPORTGAIT may, in its sole discretion and without prior notice, terminate your access to the Service, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Service or any service offered on or through the Service, or (4) unexpected technical issues or problems.

If SPORTGAIT does take any legal action against you as a result of your violation of these Terms of Use, SPORTGAIT will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to SPORTGAIT. You agree that SPORTGAIT will not be liable to you or to any third party for termination of your access to the Service as a result of any violation of these Terms of Use.

Copyrights Infringement

SPORTGAIT take intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act and others applicable laws, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the Service for users who are deemed to infringers.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of North Carolina without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New Hanover County, North Carolina, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except as provide in the Term of Use and that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between SPORTGAIT and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Termination

SportGait shall have either the right to suspend, terminate, or disable your access to the Service, with or without good cause, without prior notice. This right shall include, but not be limited to, your breach of any of the Terms of Use.

Entire Agreement

This Term of Use agreement constitutes the entire agreement between you and SPORTGAIT regarding the use of the Service, superseding any prior agreement between you and SPORTGAIT relating to the use of the Service.

Feedback and Information

Any feedback you provide relating to the Service shall be deemed to be non-confidential. SPORTGAIT shall be free to use such information on an unrestricted basis.

Questions and Contact information

Any questions about the Terms of Use or Service may be directed to us at the e-mail address INFO@SPORTGAIT.COM.