January 1 2025
These Terms of Use ("Terms") form a binding contract (the "Agreement") between you and/or your company ("you" or "your") and PMotion, Inc. ("PMotion," "we," "our," or "us"). They govern your access to and use of PMotion's websites, mobile/desktop applications, software, analytics dashboards, and all associated content or services (collectively, the "Services"). By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you are under 13 years of age (or any higher minimum age in your jurisdiction), do not use the Services unless we have verifiable parental consent.
These Terms contain a binding arbitration clause and a waiver of class actions and jury trials. See Section 15.
PMotion provides predictive, preventive, and performance‑oriented analytics based on biomechanical and related data. These analytics are probabilistic estimates—not guarantees. PMotion is not a licensed medical‑care provider, athletic trainer, or healthcare professional, and the Services do not diagnose, treat, cure, or prevent any condition. Always consult a qualified physician or certified coach before acting on PMotion outputs. If you believe you have a medical emergency, call emergency services immediately.
You acknowledge that predictions may yield false positives, false negatives, or unforeseen outcomes, and that physiological responses differ across individuals. You assume all risk for training, rehabilitation, or lifestyle decisions you make in reliance on the Services.
To the fullest extent permitted by law, PMotion disclaims any warranty—express, implied, statutory, or otherwise—that the Services will prevent injury, achieve any performance goal, or produce any particular medical or athletic result.
Eligibility. You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account. Parents/guardians who authorize minors to use the Services accept full responsibility for the minor's compliance with these Terms.
Account Security. You agree to provide accurate registration information, safeguard your credentials, and promptly notify support@pmotiontech.com of any unauthorized use.
Limited Licence. Subject to these Terms, PMotion grants you a revocable, non‑exclusive, non‑transferable, non‑sublicensable licence to access and use the Services for personal, non‑commercial purposes.
You may post photographs, comments, links, and other material ("User Content"). You retain ownership of your User Content but grant PMotion an irrevocable, worldwide, royalty‑free, transferable, sublicensable licence to use, reproduce, modify, create derivative works, display, and distribute that User Content in connection with operating and improving the Services. You are solely responsible for your User Content and agree not to post anything infringing, illegal, obscene, threatening, defamatory, invasive of privacy, or spam. PMotion may remove or modify User Content at its discretion and you will indemnify the PMotion Parties (defined in Section 8) for any claim arising from your User Content.
All payments processed through Shopify are governed by Shopify's terms. PMotion has no liability for any payment transaction processed by Shopify. Subscription fees recur until cancelled in accordance with the instructions provided at enrolment. All sales are final and non‑refundable. PMotion will give advance notice of any fee increase and you may cancel before the increase takes effect.
All trademarks, service marks, trade dress, copyrights, patents, source code, product designs, and other intellectual‑property rights in the Services (collectively, the "Company IP") are and will remain the exclusive property of PMotion or its licensors. Nothing in these Terms grants you any right or licence in the Company IP except the limited licence in Section 3.
(a) Ingested Data. All data—whether biomechanical, physiological, positional, telemetry‑based, text, images, or metadata—uploaded to, recorded by, transmitted through, or otherwise ingested into any PMotion platform ("Ingested Data") becomes and shall remain the sole and exclusive intellectual property of PMotion upon ingestion, to the maximum extent permitted by applicable law.
(b) User Licence Grant. You hereby (i) assign, or to the extent an assignment is not valid, irrevocably grant to PMotion a perpetual, worldwide, royalty‑free, fully paid‑up, transferable, sublicensable licence to use, reproduce, analyse, process, adapt, publish, translate, create derivative works from, distribute, commercialise, and otherwise exploit the Ingested Data for any lawful purpose, including research, product development, machine‑learning model training, and commercialization; and (ii) waive, and agree never to assert, any moral rights or similar rights you may have in the Ingested Data.
(c) Personal Data. Nothing in this Section limits your privacy rights with respect to Personal Data as defined in the Privacy Policy. PMotion will process Personal Data in accordance with that Policy, and will anonymize or aggregate Personal Data before using it for product‑development or commercial purposes beyond providing the Services to you.
(d) Original Copies. You may retain local copies of any raw data you upload, but you acknowledge that PMotion has no obligation to provide you with copies once it is ingested.
If you believe content on the Services infringes your copyright, please send a compliant DMCA notice to support@pmotiontech.com.
Regardless of legal theory, PMotion, its licensors, data sources, integration partners, and affiliates (collectively, the "PMotion Parties") shall have no liability for any claim or loss arising from (i) the accuracy or completeness of predictive or preventive analytics, (ii) your reliance on those analytics, or (iii) your implementation of any recommendation derived from the Services—even if foreseeable.
To the fullest extent permitted by law, the PMotion Parties will not be liable for any indirect, special, incidental, consequential, or punitive damages; lost profits; lost data; or cost of substitute services.
Aggregate Cap. The PMotion Parties' total cumulative liability for all claims shall not exceed the total amount you paid PMotion in the twelve (12) months preceding the event giving rise to the claim. This cap does not apply to liability for death or personal injury caused by PMotion's negligence or for fraud or fraudulent misrepresentation.
You shall indemnify, defend, and hold harmless the PMotion Parties from and against any third‑party claim, loss, or expense arising out of or relating to (i) your use of the Services, (ii) your User Content, (iii) your breach of these Terms, (iv) your violation of law or third‑party rights, or (v) your reliance on the Services' predictive or performance outputs.
PMotion will indemnify, defend, and hold you harmless from any third‑party claim alleging that the Services, when used as permitted, infringe a U.S. intellectual‑property right.
Third‑party content is the responsibility of its poster. PMotion does not endorse and is not liable for third‑party content. Links to third‑party websites are provided for convenience; PMotion is not responsible for those sites.
If the Services interoperate with hardware, software, or data feeds supplied by a PMotion‑authorized Integration Partner, any claim arising from that partner's component must be pursued solely against the partner. The PMotion Parties' liability for such components is limited to the lesser of (a) the cap in Section 8 or (b) any amount PMotion recovers from that partner.
You agree to comply with all applicable U.S. export‑control laws and not to export or re‑export the Services in violation of those laws.
You consent to receive all notices and communications from PMotion electronically.
PMotion may suspend or terminate your account at any time for any reason. You may terminate at any time by ceasing all use of the Services and notifying support@pmotiontech.com.
Governing Law & Venue. This Agreement is governed by California law. Subject to the arbitration clause below, exclusive venue for judicial actions is the state or federal courts in Los Angeles, California, and each party waives objections to personal jurisdiction and venue.
Binding Arbitration & Class‑Action Waiver. Any dispute that cannot be resolved informally shall be finally resolved by binding arbitration administered by JAMS under its Streamlined Rules in Los Angeles before one arbitrator. The arbitrator may award costs and attorneys' fees to the prevailing party. You and PMotion waive all class‑action and jury‑trial rights.
PMotion may revise these Terms at any time. We will notify registered users of material changes. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.
Severability. If any provision is held invalid, the remainder remains in effect.
No Waiver. Failure to enforce a provision is not a waiver.
Independent Contractors. You and PMotion are independent contractors.
Force Majeure. Neither party is liable for events beyond its reasonable control.
Entire Agreement. These Terms constitute the entire agreement between you and PMotion regarding the Services.
PMotion, Inc.
Attn: Legal Department