Privacy policy

‍User Agreement

‍

Hero Mobile Application
End User Licence Agreement
Terms and conditions

Please read carefully before using the App. These terms and conditions were last updated on 27 November 2023.

This end-user licence agreement (“EULA”) is a legal agreement between you (“End-user”, “you”, “your”) and Pose AR Limited (company number 12254060, registered address The Old Barn, Worton, Witney, United Kingdom, OX29 4SY, VAT number: GB405965678) (“we”, “us”, “our”) for the Hero mobile application software (“App”). The App is a fitness and exercise app, which uses the mobile phone’s front-facing camera to track an individual’s body movement as they perform exercises and provides in-the moment feedback.

We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any app store provider or operator from whose site, located at https://play.google.com/store/apps or https://itunes.apple.com/gb/genre/ios/id36 (“App store”), the End-user downloaded the App (“App Store Rules”).

We remain the owners of the App at all times.

Device requirements

The App will require an Apple or Android Device (as defined in condition 1.3 below) with a camera with auto-focus, internet access and a minimum of memory available.

Important notice

By downloading the App you agree to be bound by the terms of this EULA. The terms of this EULA include, in particular, the Privacy Policy (as defined in condition 1.4) and limitations on liability in condition 6.

If you do not agree to the terms of this EULA, you must not make use of the App and should remove it from your device.

A copy of this EULA is available within the App, for future reference.

1. Agreed terms

1. Acknowledgements

1.1

The terms of this EULA apply to the App or any of the services accessible through the App (“Service(s)”), including any updates or supplements to the App or any Service(s), unless they come with separate terms, in which case those terms apply.

1.2

From time to time updates to the App may be issued through the App store. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.

1.3

By agreeing to these terms and conditions, you warrant that you have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2 (“Devices”) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You should check with your mobile or internet service provider for details of data and internet usage charges. You accept responsibility for your use of the App or any Service(s) on or in relation to any Device, whether or not it is owned by you.

1.4

The terms of our privacy policy from time to time (“Privacy Policy”), available at https://www.gohero.io/privacy-policy (for users of the Hero Fitness App), and available at www.gohero.io/physio/privacy-policy (for users of the Hero Physio App), are incorporated into this EULA by reference and apply to those Services that are not specified in condition 1.1 as having separate privacy policies.

1.5

By using the App or any Service(s), you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service(s) may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.6

The App or any Service(s) may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

1.7

Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2. Grant and scope of licence

2.1

In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the App store Rules. We reserve all other rights.

2.2

You may download the App onto an Apple or Android Device, and view, use and display the App on the Devices for your personal purposes only.

3. Licence restrictions

Except as expressly set out in this EULA or as permitted by any local law, you agree:

(a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security

(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the App with another software program, and provided that the information obtained by you during such activities:

(i) is used only for the purpose of achieving interoperability of the App with another software program;

(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

(iii) is not used to create any software that is substantially similar to the App;

(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;

(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (“Technology”), together referred to as Licence Restrictions.

4. Acceptable use restrictions

You must:

(a) not use the App or any Service(s) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service(s) or any operating system;

(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service(s), including the submission of any material (to the extent that such use is not licensed by this EULA);

(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service(s);

(d) not use the App or any Service(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

(e) not collect or harvest any information or data from any Service(s) or our systems or attempt to decipher any transmissions to or from the servers running any Service(s); together referred to as Acceptable Use Restrictions.

5. Intellectual property rights

5.1

You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.

5.2

You acknowledge that you have no right to have access to the App in source-code form.5.3

Any material you upload to our App will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

6. Limitation of liability

6.1

You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.

6.2

Although we make reasonable efforts to update the information in the App, we make no representations, warranties or guarantees, whether express or implied that the content of the App is accurate, complete or up-to-date.

6.3

The content in the App is provided for general information only. Please note that the App shall not be construed as a medical tool of any sort. It is not intended to amount to advice on which you should rely. If you have any questions or concerns about the content within the App we recommend you seek professional or specialist advice before taking, or refraining from, any action on the basis of the content of the App.

6.4

You acknowledge that the content in the App may be updated, altered or removed, from time to time, at any time, without notice to you

6.5

We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in condition 6.6, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.

6.6

Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to allowing you to download another copy of the App. This does not apply to the types of loss set out in condition 6.7.

6.7

Nothing in this EULA shall limit or exclude our liability for:

(a) death or personal injury resulting from our negligence;

(b) fraud or fraudulent misrepresentation; and

(c) any other liability that cannot be excluded or limited by English law.

6.8

We are not responsible for any data usage, roaming or other charges you incur when accessing the internet through your mobile or other Device, as specified in condition 1.3.

6.9

We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

App Specific clauses

6.10

We provide the App on an “AS IS” and “AS AVAILABLE” basis. You therefore use the App at your own risk.  We expressly disclaim all warranties, conditions, statutory rights and implied terms that we are able to exclude under applicable law.

6.11

The App offers health and fitness information and is designed for educational and entertainment purposes only.  You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. You must consult a qualified health professional before starting exercises on the App if any of the following apply to you:

(a) if you have any health concerns about beginning a new exercise regime

(b) if you feel you have an injury or health issue that could be affected by exercises

(d) if you are pregnant or currently breastfeeding

6.12

The App is designed for persons over the age of 16 years old and the advice presented is not medical advice; it should not replace advice from a healthcare professional.

6.13

You acknowledge that the user of the App should always be aware of their own surroundings whilst using the Hero App and exercising and should refrain from using the area whilst moving around in an area where they may be vulnerable to moving objects or objects which can cause injury or harm.

7. Indemnification

7.1

You agree to indemnify, defend and hold harmless Pose AR Limited and our parents, shareholders, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this EULA or the documents it incorporates by reference, or your violation of any law or the rights of a third-party.

8. Termination

8.1

We may terminate this EULA immediately by written notice to you if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or

8.2

On termination for any reason:

(a) all rights granted to you under this EULA shall cease;

(b) you must immediately cease all activities authorised by this EULA, including your use of any Service(s); and

(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control.

9. Communication between us

9.1

If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to support@gohero.io. We will confirm receipt of this by contacting you in writing, normally by email.

9.2

If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provide to us in your request for the App.

9.3

By taking part in the product test that we are running with Mumsnet Limited in or around May 2023 and June 2023 (“test”) for users of the Hero Fitness App, you agree to provide your email address to Hero and agree to be contacted directly by Hero for the duration of the test in relation to the test. By taking part in the product test that we are running with The Bosworth Clinic in or around July 2023 and August 2023 (“test”) for users of the Hero Physio App, you agree to provide your email address to Hero and agree to be contacted directly by Hero for the duration of the test in relation to the test.

10. Events outside our control

10.1

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.

11. Other important terms

11.1

We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

11.2

You may not transfer your rights or obligations under this EULA to another person.

11.3

If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean 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.

11.4

Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

11.5

We may change the terms of this EULA from time to time. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. If we make any changes which affect your rights in relation to the App, we will notify you.

11.6

Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

This agreement has been entered into on the date of your first download of the App.