Terms of Use

Updated on March 10, 2020

Move2Thrive LLC, dba PWR Lab (“us”, “we”, or “our”) owns and operates the www.pwrlab.com website and associated sites and applications, including web applications and mobile applications (collectively, the “Service”).

This Terms of Use (the “Agreement”) informs you of our policies, terms, and conditions (collectively, the “Terms”) regarding your access to and use of our Service.

1. Your Consent

Your access to and use of our Service is subject to this Agreement and all applicable laws. By accessing or using our Service in any way, you consent to our Terms of Use and agree to be legally bound by the Terms established herein. We encourage you to read all sections of this policy carefully.

2. Non-Medical Classification of Service

The Service does not provide medical or health advice. The Service’s intended use does not include diagnosis, treatment, cure, or the prevention of any disease, illness, or health problem. 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.

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.

3. License & Restrictions

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, (creating an “Account”). Your license and your Account are subject to be terminated at any time, without notice, for any breach of this Agreement.

Your agreement with the Terms is inclusive of the conditions listed below:

  1. Age Restrictions
    1. A person must be at least 13 years of age to generate data that is associated with an Account. We do not knowingly store any personal information about people in contact with the Service who are below age 13. No Account may be made or used in conjunction with data generated by someone less than 13 years old.
    2. You may not create an Account unless you are at least 16 years of age.
      1. If you are a parent or guardian of a child aged 13, 14, or 15, then you may create an Account and allow your child to access the Service through that Account under your direct supervision. In doing so, you agree to be solely responsible for access to and use of the Service by the aforementioned child.
      2. If you are a child aged 16 or 17, you may establish your own Account only if your parent or guardian accepts this Agreement on your behalf. The parent or guardian entering into this Agreement on behalf of a child aged 16 or 17 agrees to be solely responsible for access to and use of the Service by the aforementioned child.
  2. User Conduct
    1. All information you submit to or share with the Service will at all times be truthful, accurate, and complete;
    2. 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;
    3. You will not misuse or misrepresent the ownership of intellectual property, including, but not limited to, copyrights, trademarks, or patents;
    4. You will not disrupt, or attempt to disrupt, the Service's security, connectivity, data, or accessibility;
    5. You will not create – or facilitate any third party in making – fraudulent purchases.
  3. Privacy Policy
    1. You must accept and adhere to our Privacy Policy, available at http://pwrlab.com/privacy

We hold the right to refuse to offer the Service to anyone at any time.

4. 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.

5. Accounts & Payment

PWR Lab offers various types of paid Accounts, including for individual athletes, team athletes, coaches, clinicians, and researchers. You are required to pay the fees for your paid Account, for the term of paid Service you sign up for, prior to obtaining access to your Account. All fees are required to be paid in advance, unless otherwise specified in writing during the process of registering for your Account.

You are free to terminate your Account at any time. PWR Lab will not provide any refund upon termination of Account, and you will continue to have access to your Account until the time paid for expires. You acknowledge that if your Account is terminated or allowed to expire, all data in your account, including data received from other users (where applicable), may be lost.

Your agreement with the Terms is inclusive of the conditions listed below:

  1. Regarding Individual Athlete Accounts
    1. Individual Athlete Accounts are created on the PWR Lab Individual Athlete platform (i.e., not a Team Athlete Account) and granted no access to data associated with any other Account. Individual Athlete Accounts automatically renew unless terminated before paid time has expired and the paid Service is scheduled to renew. Services rendered will be charged via Stripe.
  2. Regarding Group Accounts
    1. Some Accounts types associated with groups of Individual Accounts – e.g., Accounts associated with teams, coaches, clinicians, researchers – will not automatically renew. Fees associated with these Account types are defined and managed with PWR Lab prior to account creation. These Account types must be manually renewed in order to retain access to the Service.
  3. Regarding Connected Accounts
    1. Individual Athlete Accounts may be connected to various types of Group Accounts in order to share data with an entity such as team, coach, clinician, researcher. If you have an Individual Athlete Account that is connected to a Group Account, you acknowledge that and grant permission for the Group Account to access your personal data and information shared with PWR Lab. You may contact PWR Lab at any time to inquire about or modify any connections between your Account and other Accounts.

6. User Content

The Service may, including through use of your phone or peripheral devices, collect direct inputs from you and other 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. All policies around and details about the collection and usage of User Content are detailed within our Privacy Policy (http://www.pwrlab.com/privacy), including (i) why data is collected, (ii) what types of data are collected, (iii) uses of the collected data, (iv) data security, (v) your access to and control over your data, and (vi) any other rights you have to access or alter how we interact with your data, including (where applicable) those rights which exist and are enforced as a result of your jurisdiction as a user.

7. Third-Party Links

Our Service may contain links to other websites or services that are not operated by us. Additionally, users may provide you with links to third party websites or applications. If you click on a third-party link, you will be directed to an external site or service. We have no control over and assume no responsibility for the content, policies, or practices of any third-party sites or services. We strongly advise you to review the policies of every site or service you visit.

8. Limitation of Warranties & Damages

Regarding warranties and damages:

  1. 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.
  2. 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).
  3. 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.
  4. 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.

9. Specific Notices

Terms Specific to Apple Devices
  1. By accessing the Service via another device, the following additional terms shall apply:
    1. 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;
    2. 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;
    3. You will not use the Service on any device that you do not own or control;
    4. 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;
    5. 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;
    6. 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;
    7. 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.

10. Terms of Use Changes

We may update our Terms of Use from time to time. The Terms of Use on this site will always be the current, effective, and governing version of the Agreement. The date of the latest update will be reflected at the start of this policy.

We reserve the right to update our Terms of Use at any time, without prior notice, and will consider the changes made to be effective immediately. We encourage you to review the current Terms of Use regularly, as it governs your use of our Service. Your continued use of the Service after an update to this policy constitutes your acceptance of the revised Terms of Use.

11. Additional Terms

  1. If any provision of the Terms is found to be unenforceable or invalid, the remainder of the Terms shall be enforced to the fullest extent possible.
  2. 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.
  3. You may not assign your license or the Terms. We may assign the Terms as a condition of any sale, merger, or reorganization.
  4. The Terms represents the full, final, and complete understanding of the parties as it relates to the subject matter hereof.

12. Contact Us

If you have any questions about the content of the Terms of Use, or any need to contact us with any other questions or requests, please contact us by email: info@pwrlab.com