Last Updated 16th February 2021
1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and iPrescribe Exercise Digital Ltd, doing business as EXi, located at 111 Beaconfield Road, Epping, Essex CM16 5AT United Kingdom (we, us), concerning your access to and use of EXi (via the App and Data Portal) website as well as any related websites (the Site).
The App provides the following services: EXi provides an automated, individualised and graduated exercise programme which is based on the latest medical evidence for safety and effectiveness. We track users' relevant health metrics on a weekly basis to give an indication of changes in health and fitness when on the programme.
EXi Data Portal
THE EXI EARN YOUR APPLE WATCH PROGRAMME
EXi also offers an "Earn Your Watch" programme, where users can earn reward points from meeting personalised EXi activity goals to help pay off their Apple Watch. See further details in section 11 below.
1.2 The supplemental policies set out in Section 1.6 below, as well as any supplemental terms and condition or documents that may be posted on the EXi App, Data Portal and website from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the EXi represents that you have accepted such changes.
1.4 We may update or change the App and the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.
1.5 The App is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
1.6 Additional policies which also apply to your use of the Site include:
2. Acceptable Use
2.1 You may not access or use EXi for any purpose other than that for which we make the App and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.2 As a user of this App, you agree not to:
3. Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password, you must promptly notify us at email@example.com.
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
3.3 As part of the functionality of the App (for those on the “Earn Your Apple Watch” programme only), you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either: (a) providing your Third Party Account login information through the Site; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.
At your email request to firstname.lastname@example.org or through your account settings (if applicable), we will deactivate the connection between the Site and your Third-Party Account and attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that became associated with your account.
4. Our content
4.1 Unless otherwise indicated, the App and the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App and the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
4.2 Except as expressly provided in these Terms and Conditions, no part of the App or the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
4.3 Provided that you are eligible to use the App and the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
4.4 You shall not (a) try to gain unauthorised access to the App or the Site or any networks, servers or computer systems connected to the App or the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
4.5 We shall (a) prepare the App and the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
4.6 The content on the App and the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
4.7 Although we make reasonable efforts to update the information on our app or site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the App or the Site is accurate, complete or up to date.
5. Link to third party content
5.1 The EXi App and EXi Data Portal may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third-party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.
5.2 We accept no responsibility for adverts contained within the EXi App and EXi Data Portal and the Site. If you agree to purchase goods and/or services from any third party who advertises in the App and the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
6. Site Management
6.1 We reserve the right at our sole discretion, to (1) monitor the EXi App and EXi Data Portal for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the App and the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
6.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
6.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
7. Modifications to and availability of the Site
7.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
7.2 We cannot guarantee the App, the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App and the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App, the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the App, the Site or Services or to supply any corrections, updates, or releases.
7.3 There may be information on the App and the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
8. Disclaimer/Limitation of Liability
8.1 The App, the Site and Services are provided on an as-is and as-available basis. You agree that your use of the App, the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the App, the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the App and the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the App, the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
8.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us for the App and the Services/Site during the six (6) month period prior to any cause of action arising.
If you are an EXi Data Portal user:
We will not be liable to you 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:
If you are an EXi App user:
9. Term and Termination
9.1 These Terms and Conditions shall remain in full force and effect while you use the App, the Site or Services or are otherwise a user of the App or the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at email@example.com.
9.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App, the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the App and the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
9.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
10. Mobile Application
10.1 If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.
10.2 For consumers only - If you are a customer in the European Union, you have certain rights to decompile the Software if:
this is necessary to obtain the information that you need to make the software interoperable with other software and we have not made that information available to you.
Before reverse engineering or decompiling the software, you must first write to us and ask us to provide you with the interoperability information that you need. Please provide us with full details of your requirements so that we can assess what information you need. We may impose reasonable conditions on providing you with interoperability information. You must use that information only for the purpose of making the software interoperable with other software. You must not use that information for any other purpose.
10.3 For business users only - You will not:
(a) reverse engineer, decompile or otherwise try to discover the source code of the software/application unless you have first written to us requesting interoperability information and we have failed to provide you with that information or if we have failed to offer to provide you with interoperability information on reasonable conditions";
(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application;
(c) breach any applicable laws, rules or regulations in connection with your access or use of the application;
(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trade mark) posted by us or the licensors of the application;
(e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
(i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
10.4 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:
(a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(e) You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and
(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary thereof.
11. The EXi Earn Your Apple Watch programme
This section is only for those users on the EXi Earn Your Apple Watch (programme). EXi also offers an "Earn Your Watch" programme, where users can earn reward points from meeting personalised EXi activity goals to help pay off their Apple Watch. As the user meets their exercise goals, a sponsor will meet their monthly payment or part thereof. As part of the Earn Your Apple Watch programme, the user will be referred to choose an Apple Watch via an online storefront through an Apple approved storefront. The storefront will be responsible for distributing the Apple Watch to the user and to any returns or problems with the Apple Watch (see the storefront’s Terms and Conditions). Contact details for Digital Health Partners can be found in the ‘More’ section on the App. The user will also be required to sign up to a credit agreement with an Apple approved loan credit company. Any queries with the credit agreement should be directed through the credit company. The credit company’s etika contact details can be found in the ‘More’ section on the App. If you have signed up to an Earn Your Apple Watch programme through your employer, only aggregated and anonymised data will be shared with your employer. We will not share with them individualised identifiable health and exercise data.
As part of the Earn Your Apple Watch programme, EXi will provide the user, sponsor and credit company with the information required to ensure the user and the sponsor pay the correct amount each month based on the amount of exercise that the user has completed. (Services).
For the Earn Your Apple Watch programme, the following points apply;
You agree that by accessing the App and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the App and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference or refer back to the website: www.exi.life
12.1 Visiting the App and the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the EXi App and EXi Data Portal satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the EXi App and EXi Data Portal . You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
12.2 These Terms and Conditions and any policies or operating rules posted by us on the App and the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
12.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
12.4 We may assign any or all of our rights and obligations to others at any time.
12.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
12.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
12.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
12.8 For consumers only - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to the Site, please follow this link http://ec.europa.eu/odr
12.9 For business users only - If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
12.10 The following are trademarks of iPrescribe Exercise Digital Ltd. You are not permitted to use them without our approval, unless they are part of material our Site explicitly states you are permitted to use.
· EXi, trademarked in the UK/EU and the USA
· iPrescribe Exercise, trademarked in the UK/EU
12.11 Except as stated under the Mobile Application section, a person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
12.12 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at firstname.lastname@example.org or by post to:
iPrescribe Exercise Digital Ltd
111 Beaconfield Road
Epping, Essex CM16 5AT