BioBeats builds products and tools that help you understand and improve your wellbeing. We are registered under company name: BioBeats Group Ltd at our registered address: 4th floor, Cargo Works, 1-2 Hatfields, London, SE1 9GP, company number 07727135.
These Terms and Conditions (“terms”) apply to your access and use of the BioBeats Service. The “BioBeats Service” include our wearable device (“wearable” and/or “BioBeam”) our mobile application, including source code, data-bases and functionality (“App” and/or “BioBase”) and the BioBeats Website (“Website”) including associated firmware, applications, software, websites, APIs, products and services. When the Terms mention “BioBeats”, “we”, “us” or “our”, they refer to the party to your agreement that provides you with the BioBeats Service. These terms apply to us and all users of our services (“you”/“your”). They govern your access to, downloading and use of all the services.
Please read these terms carefully before using any of the BioBeats services. They are a legal agreement between you and BioBeats. You cannot create a BioBeats account and to access or use the BioBeats service before accepting these terms. Using any of the services indicates that you accept these terms. If you do not abide by these terms we withhold the right to disable or terminate your account.
Your Use of the BioBeats Service
You may only connect to the BioBeats Service using (i) a device that is manufactured, distributed or sold by BioBeats itself or through its authorised resellers or agents; (ii) our mobile applications and software, or approved third-party applications, software or devices; or (iii) our websites (“Authorised Connections”). You may not connect to the BioBeats Service with any device that is not manufactured, distributed, or sold by BioBeats itself or through its authorised resellers or agents (such as a knock off or counterfeit version of a BioBeatsdevice); otherwise intends to resemble or purports to be a BioBeats device; or any unauthorised application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the BioBeats Service. If you have questions about whether a product or application qualifies as an Authorised Connection, please contact firstname.lastname@example.org.
Creating Your Account
- Full use of the BioBeats Service 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, including maintaining the confidentiality of your password and account. Your account must be used by you and nobody else and is not transferable.
- You shall immediately notify BioBeats should you suspect any unauthorised use of your account or password, you shall provide true, up-to-date and complete information about yourself during registration and ensure this information remains up-to-date.
- BioBeats is not liable for any losses or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact email@example.com if you discover or suspect any security breach related to the BioBeats Service or your account.
Maintenance of Your Equipment
Full use of the BioBeats Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the BioBeats Service and it is your responsibility to ensure the equipment’s functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
Using the BioBeats Service
- The BioBeats Service is intended for your personal, non-commercial use.
- BioBeats grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable licence to (1) access and use the BioBeats Service, (2) access and view the BioBeats Content, (3) access and use the software and mobile applications provided by the BioBeats Service, and (4) use the software that is embedded into BioBeats devices as authorised in these Terms. With respect to items (3) and (4), this licence includes any third-party software embedded in any BioBeats Service. This licence is provided solely for your personal, non-commercial use and enjoyment of the BioBeats Service as permitted in these Terms.
- You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the BioBeats Content, BioBeats Service or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BioBeats or its licensors, except for the licences and rights expressly granted in these Terms.
- Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the BioBeats Service: (1) use, display, mirror, or frame the BioBeats Service or any individual element within the BioBeats Service, including the layout and design of any page, without BioBeats’ express written consent; (2) use BioBeats’ name, any BioBeats trademark or logo, or any BioBeats proprietary information without BioBeats’ express written consent; (3) access or tamper with non-public areas of the BioBeats Service, BioBeats’ computer systems, or the technical delivery systems of BioBeats’ providers; (4) test the vulnerability of any BioBeats’ system or breach any security or authentication measures; (5) circumvent any technological measure implemented by BioBeats’ or any of BioBeats’ providers or any other third party (including another user) to protect the BioBeats’ Service; (6) access the BioBeats’ Service or BioBeats’ Content through the use of any mechanism other than through the use of an Authorized Connection, BioBeats’ Service, or BioBeats API; or (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that BioBeats provides to you or any other part of the BioBeats Service.
Intellectual Property Rights and License Grant
- BioBeats owns all intellectual property rights in its services including without limitation its Apps and Websites, including all software and all images, sounds, music, text, icons and other content (“Content”) used within those services, other than any material which you create and which you transmit or post using the services (“User Generated Content”), as well as the arrangement of that Content.
- You shall not sell, rent, lease, loan, redistribute, assign, sublicense, republish, grant a security interest in or otherwise transfer any right in the services, in whole or in part.
- You shall not remove or modify any copyright and/or other intellectual property notices or watermarks from any Content. Nothing in these terms grants you a licence to use any BioBeats trademarks or the trademarks of any third parties in the services.
- We reserve the right (but are not required) to remove or disable access to the BioBeats Service, any BioBeats Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the BioBeats Content, Your Content, or your use of the BioBeats Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the BioBeats Service, and in response may take any action we may deem appropriate.
User Generated Content and the use of BioBeats Service
You are prohibited from posting to or transmitting using the services any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licences and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- contains or discloses another person’s personal information without his or her written consent; or
- collects or solicits another person’s personal information for commercial or unlawful purposes.
BioBeats shall be entitled to remove any material from its services which are posted to or transmitted using the services in contravention of these terms, or for any other reason.
You shall not:
- use the services or any Content in any unlawful manner;
- misuse the services (including, without limitation, by hacking or inserting malicious code);
- infringe our or any third party’s intellectual property rights in your use of the services or Content;
- use the services to transmit chain letters, junk or spam;
- use services to harass, abuse or harm another person;
- take any action that in our sole discretion places an unreasonable or disproportionately large load on our servers or other infrastructure; or
- use the services in any way which may cause, or be likely to cause, access to or use of the services to be interrupted, damaged or impaired in any way.
BioBeats shall be free to copy, disclose, distribute, incorporate and otherwise use such non-personal data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the BioBeats Service, or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation or termination, we may delete or remove Your Content and other information related to your account. In such circumstances, you are not entitled to any refund. We will give you notice of such modification or discontinuance wherever possible.
You may close your account at any time by contacting firstname.lastname@example.org.
You may discontinue your use of the services (or any part of them) at any time. On termination of these terms for any reason:
- all rights granted to you under these terms shall cease;
- you shall no longer have access to any services;
- you must immediately cease all activities authorised by these terms; and
- you must immediately delete or remove Apps from your devices.
Modification and Interruptions
We reserve the right to change, modify, or remove the contents of the BioBeats Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the BioBeats Service. We also reserve the right to modify or discontinue all or part of the BioBeats Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the BioBeats Service.
Use BioBeats Service at Your Own Risk
- If you rely on anyBioBeats Content or the BioBeatsService, you do so solely at your own risk.
- Our goal is to provide helpful and accurate information on the BioBeats Service, but we make no endorsement, representation, or warranty of any kind about any BioBeatsContent, information or services.
- The accuracy of the data collected and presented through the BioBeats Service is not intended to match that of medical devices or scientific measurement devices.
- We are not responsible for the accuracy, reliability, availability, effectiveness or correct use of information you receive through the BioBeats Service.
- Use of the BioBeats Service should not replace your good judgement and common sense.
- The BioBeats Service is not intended to diagnose, treat, cure, or prevent any mental or physical illness. Use of the BioBeats service is not a substitute for seeking diagnosis and treatment from a qualified professional. An accurate diagnosis of stress, burnout, depression, anxiety and other psychiatric disorders can only be made by a physician or qualified mental health professional after a complete evaluation, including a physical exam to rule out any medical illness or conditions. The BioBeats app is furthermore not designed to treat serious mental or physical health problems.
- Data from the BioBeats service is not overseen by a medical professional or medical regulatory authority. If you experience any health problems and believe you have any mental or physical illness consult with a medical professional.
- If you engage in any course content or tool through the BioBeats Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
- Prolonged contact with wearable devices such as the BioBeam may contribute to skin irritation or allergies in some users. Follow the guidelines for wearables to ensure the best fit.
- If you notice any skin irritation, soreness, tingling, numbness, burning or stiffness in your hands or wrists while or after wearing the product, remove your device and please discontinue use. If any symptoms persist longer than 2-3 days after removing the device, consult your doctor.
- The BioBeam’s heart rate tracking feature may pose risks to users with certain health conditions. Consult your doctor prior to use of such products if you (1) have a medical or heart condition, (2) are taking any photosensitive medicine, (3) have epilepsy or are sensitive to flashing lights, (4) have reduced circulation or bruise easily, or (5) have tendonitis, carpal tunnel syndrome, or other musculoskeletal disorders.”
- BioBeats and its staff shall have no liability for claims by or damages of any kind whatsoever to you or any other person for a decision or action taken in reliance on the information contained in the BioBeats service or related communication channels. Such damages include, without limitation, direct, indirect, special, incidental or consequential damages.
Alerts and Notifications
As part of your use of the BioBeats Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications.
We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
Links to and from Other Apps and Websites
Any links to third party apps and websites are provided solely for your convenience. We have not reviewed all of these third party apps and websites and do not control and are not responsible for these apps/websites or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party apps/websites linked to from our services, you do so entirely at your own risk.
Limitations of Liability
Nothing in these terms shall exclude or limit your liability or our liability for death or personal injury caused by negligence; for fraud or fraudulent misrepresentation; or under any indemnity in these terms. Subject to this, we shall not be liable in contract, tort (including, without limitation, negligence), for pre-contract or other representations, or otherwise arising out of or in connection with these terms for:
- any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);
- any loss of goodwill or reputation; or
- any special, indirect or consequential losses, in any case, whether or not such losses were within either of our contemplations at the date of acceptance of these terms.
Subject to the above, our liability to you in relation to all events or series of connected events occurring under these terms (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the greater of the total amount of the sums you have paid for the services in the six month period immediately preceding the date of the first event allegedly giving rise to the liability.
Nothing in these terms excludes any statutory rights which may apply to your use of the services which cannot be excluded, restricted or modified by contract.
This Agreement and any matters arising out of it shall be governed by and construed in accordance with the laws of England.
Any dispute relating to this Agreement which cannot be resolved by negotiation between the
parties within 30 days of either party having given notice to the other party that a dispute has arisen shall be submitted to Third-Party Services.
In addition, you have the option to use the Online Dispute Resolution (ODR) platform which is accessible here .
- The BioBeats service is provided “as is”, without any conditions, warranties or other terms of any kind and is used by you at your own risk. Accordingly, to the maximum extent permitted by law, we provide you with the services on the basis that we exclude all representation, warranties, conditions and other terms which, but for these terms, might have effect in relation to the services.
- While we endeavour to ensure that the Content contained within the services is correct, we do not warrant the accuracy and completeness of that Content. We may make changes to the Content at any time without notice. The Content may be out of date and BioBeats makes no commitment to update such material.
- We make no warranty that the BioBeats Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the BioBeats Service.
- BioBeats does not provide medical advice and the services are not provided for the purpose of treating, assisting with, or providing any advice in relation to, any medical conditions. BioBeats makes no claims, representations or warranties that the services provide any medical or therapeutic benefit. Any health information included in the services or linked to from the services is for general information purposes only and should not be relied upon. If you want medical advice you should contact a doctor. If you have an existing condition such as epilepsy, or motion sickness which you think may be affected by using the services, you should contact a doctor before using the services.
You indemnify and hold BioBeats and its officers, directors, agents and employees, harmless from any losses, damages, costs, expenses (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of any breach by you of any of these terms or applicable law; your misuse of the services; Your Content; your infringement of intellectual property rights or any other third party rights; and/or your failure to provide accurate, up to date information.
- our obligations under these terms shall be suspended for the duration of the Event Outside Our Control; and
- we will use our reasonable endeavours to find a solution by which our obligations under these terms may be performed despite the Event Outside Our Control.
No person other than you and BioBeats shall have any rights under these terms in relation to your use of the services. We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms if we agree in writing.
Any failure of or delay by BioBeats to exercise or enforce any right or provision of the terms shall not constitute a waiver of this right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms shall remain in full force and effect.
You agree that these terms represent the entire understanding between you and BioBeats with respect to your relationship with BioBeats. These terms supersede any previous agreements between you and BioBeats including any previous version of these terms.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the BioBeats Service. When you use the BioBeats Service after a modification becomes effective, you are telling us that you accept the modified Terms.
Any notices or other communications provided by BioBeats under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the BioBeats Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Please contact us if you have any questions about these terms
Postal Address: Elizabeth House, 6th floor, 39 York Road, London, SE1 7NQ