Who we are, and what these terms cover
At Agile Kinetic Limited our mission is to make learning from movement simple, accessible and sustainable using devices that people already own. We are committed to democratising orthopaedic and musculoskeletal healthcare. We achieve this by making it as simple as possible for our end users and clinical teams to share information via our platforms and technologies, for effective monitoring, better informed decision making and recommendations. We strive to comply with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA). For full details of how we use your personal data please refer to our Privacy Policy.
Before you use our Services, we ask you to read these terms carefully. They apply to your use of our Services (whether as a guest or registered user) and by using the Service you confirm that you accept and agree to comply with them. If you do not agree to these terms, then you must not use the Service.
These are the terms of supply for Services provided through our websites (Sites) and through any mobile applications we provide (Apps). The Sites and Apps are operated by, or on behalf of, Agile Kinetic Limited (we, us and our). We are a limited company, registered in Wales. Our registered company number is 10024755, and our registered office is Agile Kinetic Limited, Tramshed Tech, Griffin House, Griffin St, Newport NP20 1GL. United Kingdom. Our VAT registration number is 3494356 71.
Changes to these Terms
We may change these terms from time to time so check the legal information section on our website regularly. We will use reasonable endeavours to give you notice of such change, and we may require you to read and accept any changes before continuing to use the Service. Your continued use of the Service after such changes have come into force will constitute your acceptance of the amended terms.
If you have any queries or complaints about the Service, please contact us. You can write to us at info@agilekinetic.com. For a more comprehensive guide on how to use our service and FAQs, please visit our website agilekinetic.com.
Your right to use our Service
In accepting these terms we grant you a non-transferable, non-exclusive licence to use our Services on your devices. This means:
i. You have the right to use the Services for your own personal purposes. You don't own them or any of the content created in them, and you can't use the Services for commercial purposes;
ii. You can't share or transfer the Services to another person (e.g. by selling or giving your account to them, or allowing them to use your account); and
iii. We may give the same or other permissions to other users.
iv. Our Service may integrate with and rely upon third-party services. When this is the case, you may also be subject to the terms and conditions of these third-party services. We are not responsible for the actions of these third-party services or their terms and conditions. We strongly recommend that you review their terms of use before you use their services.
We reserve all other rights.
By using our Services or accepting these terms, you are telling us that:
I. you are 18 years old or over; and
II. you have the device owner's permission to install and use our app on their device.
Using our Services
You should only access our Services if you are one of the following categories of user:
I. a healthcare professional such as a surgeon, physiotherapist, or a member of the wider clinical team, an academic, sports coach, personal trainer, or other administrator who has a professional interest in gaining insight from the movement of their patients, clients, or research cohort, jointly referred to as ‘Professionals’, or members of a ‘Professional Team’. Or,
II. a patient, athlete, client or research cohort member, jointly referred to as ‘End Users’ who has been referred to our Service by their Professional or Professional Team.
Our Services are designed only for use in the UK. They must not be used in other jurisdictions or where the laws of any jurisdiction other than the UK would apply to their use. If you choose to do so then you are solely responsible for compliance with local laws. We make no promise or representation that our Services are appropriate to, or lawful in, any other jurisdiction.
Fees and payment terms
If you are using our Services as a Professional you agree to pay fees, annually or monthly, in accordance with the then-current applicable rates stated within the pricing documentation unless stated otherwise in written form from us. Any change in fees and payment terms will be communicated to you with at least thirty (30) days notice.
Payment obligations are non-cancellable and fees, once paid, are non-refundable.
Healthcare Professionals' Use of Services
If you are a healthcare professional using our Services, you agree to use the Services in compliance with all applicable laws and regulations, and in accordance with the ethical guidelines of your profession. You understand and agree that the Services are intended to supplement, not replace, your professional judgement and expertise. Agile Kinetic Limited is not responsible for any health care or related decisions you make based on the use of the Services.
Software Updates
From time to time, we may require you to update the software related to our Services. This is to enhance the Service, fix bugs, patch vulnerabilities, comply with legal requirements, and in general, to ensure the smooth functioning of our Services. Failure to install such updates may affect the functionality of our Services. We shall not be liable for any issues caused by your failure to install updates when requested.
Availability of the Services
While we strive to maintain the operation of our Services as consistently as possible, there may be times when certain features or parts of the Services are unavailable due to maintenance, updates, system failures, or other reasons. We will try, where possible, to notify you in advance of any planned disruptions to the Services but cannot guarantee this. We will not be liable for any disruptions or any loss you may suffer as a result.
Health disclaimer
Our services are not a substitute for professional medical advice or a medical exam. YOU MUST NOT USE THEM TO DIAGNOSE, OR SELF-DIAGNOSE ANY EXISTING OR NEW INJURY. Prior to participating in any exercise program or activity, you should seek the advice of your clinician, clinical team or other qualified health professional.
Any symptoms, information or other content communicated or reported through our Services should be considered only as supplementary information for discussion during a future consultation with your clinician or clinical team. Our Service is not to be used as a means of reporting urgent or emergency issues.
Do not use any of these digital healthcare services in an emergency. Instead, call 999 or the emergency services immediately.
You agree that no health information provided by our Service will be used to diagnose, treat, cure or prevent any medical condition without consulting a licensed healthcare professional. We provide no guarantee of accuracy or functionality of the software. Application of, or reliance upon the data, techniques, ideas, and suggestions accessed through the Service is at your sole discretion and risk.
The Service is only for informational purposes, and all output through the Service is automated according to algorithms and program code. Your clinician(s) may have customised the information for you at his/her own sole discretion and we make no representations or warranties regarding the suitability or accuracy of such customisation. You understand and agree that we make no representations or warranties with regards to any desired or undesired health effect or other outcome or information through usage of and reliance on our Service.
Your information and security
You must ensure that your contact details and account information, including any registration details you provide, are accurate, current and complete information about yourself. Where your circumstances change, you must promptly update your information to keep it accurate, current and complete. You must not provide any information that attempts to impersonate another individual, or that is untrue, inaccurate or incomplete.
Password Policy
Some of our Services require password access. Remember, where your log-in details are used we'll assume that we're dealing with you so you must:
I. protect your account from unauthorised access (e.g. don't choose an obvious password); and,
II. do not write down your log-in details in a way that is recognisable, or let anyone else know them or use them.
Here's some password guidance to assist you:
You must tell us if you notice any errors in your account, or change your log-in details if you think they've been lost, stolen or damaged (or you think someone has discovered them and may be misusing them).
User Content
Our Service allows you to submit user-generated content and information (User Content). You agree that you are solely responsible for all User Content including all information, data or other materials that you upload or submit to the Apps or Websites.
If you are a Patient (End User), you agree that any User Content that you choose to submit or create via the Service may be shared with Professional and/or your wider Professional Team, in accordance with our Privacy Policy. Your Professional Team may wish to share User Content that you submit with other individuals involved in your care in order to provide their service to you. By submitting such User Content to our Service, you grant us and those persons permission to share your User Content in this way in accordance withour Privacy Policy.
If you choose to upload User Content, you must not submit to the Service any Content that does not comply with these Terms or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyse your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Third-Party Content
Our Services may display content provided by third parties. We do not control, endorse, or take responsibility for third-party content available on or linked to by our Services. Your use of third-party content presented by our Services is at your own risk.
Prohibited behaviour
You must not:
use our Services in an unlawful manner, or for unlawful or fraudulent purposes;
hack, insert or introduce malicious code, viruses, Trojans, worms, logic bombs, data or other harmful material into the Services;
infringe our or our licensors' intellectual property rights; transmit defamatory, obscene, fraudulent, offensive, deceptive, offensive, libellous, invasive, harmful, threatening, inflammatory or objectionable content through the Services;
harvest data or information from the Services, or attempt to gain access to, or decipher transmission to or from, any equipment or database running the Services;
copy the Service (except where it's incidental to the normal use of them or for back-up);
rent, lease, sub-license, loan, provide, or otherwise make available our Services or any content made available through our Services, in whole or in part, to any person without prior written consent from us;
make alterations or modifications to the Services (or any part of them), or allow any part of the Service to become combined with or incorporated into any other program, app or website;
republish, redistribute, disassemble, de-compile, reverse-engineer, re-transmit or create derivative works based on the whole or any part of the Services, nor attempt to do such things; or
You agree not to use our Services in a way that:
could damage, disable, impair or compromise our or a third party's systems or security, or interfere with other users, or waste time;
is likely to upset, harass, embarrass, alarm or annoy anyone; promotes discrimination; discloses personal data of anyone; infringes intellectual property rights; breaches any legal or contractual duty; or
is in contempt of court; or, advocates, promotes, incites any third party to commit, or assist, any unlawful or criminal act.
Account Suspension and Cancellation
We may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at anytime, decide to limit, suspend, deactivate or cancel your account inresponse to a suspected breach of these terms, and take technical and legal steps to prevent you from using our Services. If we have suspended your account due to your actual or suspected breach of these terms, such suspension will continue until the suspected breach is cured or otherwise resolved to our reasonable satisfaction.
If you wish to terminate your account, please contact us at info@agilekinetic.com. Once we receive your request, we will guide you through the process of account termination.
Once your account is terminated, we will have the right, but not the obligation to delete any or all of the information and content submitted, uploaded or otherwise provided by you.
Our liability to you
Our Services are provided "as is". We don't guarantee that our Services will always be available or uninterrupted. Access to the Services is permitted on a temporary basis and we can suspend, withdraw, discontinue or change all or any part of them without notice (including, without limitation, where we need to deal with technical issues or make improvements to them). We won't be liable if the Services are not available. If you become aware of an issue with accessing or using our Services, we always appreciate feedback so please do contact us and let us know.
We will have no liability for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: your use of or inability to use the service; any act or event beyond our control; use of or reliance on any content displayed in the service; your failure to follow instruction or advice you receive from your Professional; or any virus, distributed denial-of-service attack, or other technologically harmful material that infects your equipment, programme or data you receive as a result of your use of the service.
Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, fraud (or fraudulent misrepresentation) or any other liability that cannot be excluded or limited by English Law, or affects any rights you may have as a consumer.
Limitations and Responsibilities of Agile Kinetic Limited
Agile Kinetic Limited's responsibility is to provide the Services as described. We do not assume responsibility for any other obligations. The Services are provided on an 'as is' and 'as available' basis, and we expressly disclaim all warranties, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Exclusion of damages, etc.
To the maximum extent permitted by applicable law, in no event shall we, or our Suppliers be liable for any special, incidental, punitive, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty, including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of, or in anyway related to, the use of or inability to use our Services, the provision of or failure to provide support or other services, information, software and related content through our Services, or otherwise under or in connection with any provision of these terms, even in the event of the fault, tort (including negligence) misrepresentation, strict liability, breach of contract or breach of warranty of ours, or any supplier, and even if we or any supplier has been advised of the possibility of such damages. Furthermore, we will have no liability for any claim of breach or infringement based on any modification or unauthorised use of our Services by other parties than Agile Kinetic Limited, including our Partners and Suppliers.
Law
These terms, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However if you are resident in Northern Ireland you can bring proceedings in Northern Ireland. Equally if you are resident in Scotland, you can bring proceedings in Scotland.