TERMS OF USE FOR IMeasureU Ltd
MOBILE APPLICATIONS (“TERMS OF USE”)

Last updated on 20th July 2020

Please read these Terms of Use carefully. By ticking the box below accepting the Terms of Use and pressing Next you agree to these terms which will bind you. If you do not agree to these terms, do not tick the accepting the Terms of Use box, and cancel the installation of the App.

These Terms of Use govern your use of any applications or services owned or controlled by I Measure U Ltd as updated or supplemented from time to time (collectively “IMU Mobile Applications“), with its registered office address at 5-7 Water Street, Grafton 1023, Auckland, New Zealand (“IMU“). References to “we“, “us” or “our” in these Terms of Use are to IMU.

You must be 18 or over to download any IMU Mobile Applications. By downloading any IMU Mobile Applications, you agree to these Terms of Use and they shall form a legally binding contract between IMU and you. If you do not agree to these terms, do not download the IMU Mobile Applications.

These Terms of Use consist of the terms and conditions set out below together with the terms set out in the Privacy Policy (as may be amended from time to time).

1. Apple’s Terms and Conditions:
   The ways in which you can use the IMU Mobile Applications may also be controlled by the Apple Media Services’s rules and policies https://www.apple.com/legal/internet-services/itunes/, https://www.apple.com/legal/privacy/ and Apple Media Services rules and policies will apply instead of these terms where there are differences between the two.
2. Operating system requirements:
   IMU Mobile Applications require a mobile device that supports a minimum BTLE and OS version to connect to supported IMU hardware. Please refer to https://support.imeasureu.com/article/85-minimum-mobile-requirements for a list of minimum and recommended devices for full connectivity and feature support. IMU Sensors are connected to the iOS device by selecting the supported IMU sensors within the IMU application.
3. Charges:
   You are responsible for payment of any costs or expenses incurred as a result of downloading and using any IMU Mobile Applications, including any operator network and roaming charges. Please check with your service provider for details.
4. How you may use the IMU Mobile Applications:
   In return for your agreeing to comply with these Terms of Use IMU hereby licenses you to:
   1. download a copy of the IMU Mobile Applications onto your primary, compatible iOS device, and view, use and display the IMU Mobile Applications and the service on such devices for your personal purposes only.
   2. receive and use any free supplementary software code or update of the IMU Mobile Applications incorporating “patches” and corrections of errors as we may provide to you.
5. You may not transfer the IMU Mobile Applications to someone else:
   We are giving you personally the right to use the IMU Mobile Applications in accordance with these Terms of Use. You may not transfer the IMU Mobile Applications to someone else, whether for money, for anything else or for free. If you sell any device on which the IMU Mobile Applications are installed, you must remove the IMU Mobile Applications from it.
6. If someone else owns the phone or device you are using:
   If you download or stream the IMU Mobile Applications onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms of Use, whether or not you own the phone or other device.
7. Protecting Your Personal Information:
   We only use any personal data we collect through your use of the IMU Mobile Application in the ways set out in our privacy policy https://imeasureu.com/privacy-policy/. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using IMU Mobile Applications may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
8. We may collect technical data about your device:
   By using the IMU Mobile Applications, you agree to us collecting and using technical information about the devices you use the IMU Mobile Applications on and related software, hardware and peripherals to improve our products and to provide any services to you.
9. We may collect location data (but you can turn location services off):
   Certain services may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the IMU mobile applications on the device. If you use these services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings.
10. Third-party applications, services or sites:
    The IMU Mobile Applications may enable you to link or connect you to use functionalities of third-party applications, services or sites that are not owned or controlled by IMU (collectively “Third Party Applications“). Any Third Party Applications are subject to the terms and conditions of the relevant third party provider. IMU has no control over and is not responsible or liable for any matters relating to your dealings or transactions with such third parties and over any third-party content, syndicated content, applications, services, sites, advertisements, links, privacy policies and/or practices of any such third-parties that may be accessible via the IMU Mobile Application. It is your responsibility to check the privacy policies and terms of service and usage of all third party sites that you visit prior to downloading or using any such Third Party Applications.
11. Reverse Engineering & Other Licence Restrictions:
    You agree not to:
    1. disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of any IMU Mobile Applications.
    2. copy any part of the IMU Mobile Applications or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of IMU Mobile Applications to any third party.
    3. translate, merge, adapt, vary, alter or modify, the whole or any part of the IMU Mobile Applications nor permit the IMU Mobile Applications or any part of them to be combined with, or become incorporated in, any other programs.
12. Our rights:
    You acknowledge that we (or our licensors) own all right, title and interest in and to IMU Mobile Application and to the related software and so the rights in the IMU Mobile Applications are licensed (and not sold) to you. You have no intellectual property rights in, or to, the IMU Mobile Applications other than the right to use them in accordance with these Terms of Use. “IMU” is the trademark or registered trademark of I Measure U Ltd. You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels contained within the IMU Mobile Applications.
13. Acceptable use restrictions:
    You must:
    1. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the IMU Mobile Applications;
    2. not use the IMU Mobile Applications in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the IMU Mobile Applications or any operating system;
    3. not infringe our intellectual property rights or those of any third party in relation to your use of the IMU Mobile Applications, including by the submission of any material (to the extent that such use is not licensed by these Terms of Use);
    4. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the IMU Mobile Applications;
    5. not use the IMU Mobile Applications in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
    6. not collect or harvest any information or data from any IMU Mobile Applications or our systems or attempt to decipher any transmissions to or from the servers running any IMU Mobile Applications.
14. We may end your rights to use the IMU mobile applications if you break these Terms of Use:
    We may end your rights to use the IMU Mobile Applications at any time without notice if you have broken these Terms of Use in a serious way. If we end your rights to use the IMU Mobile Applications:
    1. you must stop all activities authorised by these Terms of Use, including your use of the IMU Mobile Applications;
    2. you must delete or remove the IMU Mobile Applications from all devices in your possession and immediately destroy all copies of the IMU Mobile Applications which you have and confirm to us that you have done this; and
    3. we may remotely access your devices and remove the IMU Mobile Applications from them and cease providing you with access to the IMU Mobile Applications.

    You are entirely responsible for your use of the IMU Mobile Applications and for anyone that you permits or allow to use the IMU Mobile Applications via your device. You shall be liable to us for the actions or omissions of such persons as if they were your actions or omissions and you agree to indemnify us for any losses, claims, demands, liabilities and expenses of whatever nature arising directly or indirectly out of a breach by you of your obligations contained in this clause.

15. Updates and changes to the IMU Mobile Applications:
    From time to time we may automatically update the IMU Mobile Applications and change the service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update IMU Mobile Applications for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the IMU Mobile Applications. The IMU mobile applications will always work with the current or previous version of the operating system (as it may be udated from time to time) and match the description of it provided to you when you downloaded it.
16. Changes to these Terms of Use:
    We may, without any liability to you, change or modify these Terms of Use without notice at any time. We will notify you (either by email, SMS or within the IMU Mobile Application itself) when any such changes are made. Your continued use of the IMU Mobile Applications following any modifications to these Terms of Use will be deemed acceptance of any such modifications. If you do not accept and abide by these Terms of Use, you may not use the IMU Mobile Applications or download or use any related software.
17. Our responsibility for loss or damage suffered by you:
    1. Subject to the remainder of this paragraph 17, your use of the IMU Mobile Applications is at your sole risk. Each IMU Mobile Application is provided on an “as is” and “as available” basis. We make no warranty, and disclaims all responsibility and liability for, the availability, timeliness, security, reliability, quality of any IMU Mobile Applications, any related software or application, or other products, services, information obtained through the IMU Mobile Applications. We have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other information maintained or transmitted by the IMU Mobile Applications. We are not responsible for the accuracy or reliability of any information or advice transmitted through the IMU Mobile Applications. We may, at any time, limit your use or discontinue the IMU Mobile Applications at our sole discretion. To the extent legally permitted, in no event shall we be liable for any losses or damages whatsoever. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you exceed the amount actually paid by you (if any) for the IMU Mobile Applications.
    2. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Use or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms of Use, both we and you knew it might happen.
    3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
    4. When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    5. We are not liable for business losses. If you use the IMU Mobile Applications for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity under these Terms of Use.
    6. Limitations to the IMU Mobile Applications. The IMU Mobile Applications are provided for general information only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the IMU Mobile Applications. Although we make reasonable efforts to update the information provided by the app and the service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
    7. Please back-up content and data used with the IMU Mobile Applications. We recommend that you back up any content and data used in connection with the IMU Mobile Applications, to protect yourself in case of problems with the IMU Mobile Applications.
    8. Check that the IMU Mobile Applications are suitable for you. The IMU Mobile Applications have not been developed to meet your individual requirements. Please check that the facilities and functions of the app and the services (as described on the Apple appstore site and in the documentation) meet your requirements.
    9. We are not responsible for events outside our control. If our provision of the services or support for the IMU Mobile Applications is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any services you have paid for but not received.
18. We may transfer this contract to someone else:
    We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
19. You need our consent to transfer your rights to someone else:
    You may only transfer your rights or your obligations under these Terms of Use to another person if we agree in writing.
20. No rights for third parties:
    A person or entity that is not a party to this licence agreement shall not have any rights or be entitled to enforce any of the terms set out herein.
21. Illegality:
    If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
22. Delay in enforcement:
    Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
23. Language:
    Some content may not be available in your local language.
24. Support for IMU mobile applications and how to tell us about problems:
    1. Support. If you want to learn more about IMU Mobile Applications or have any problems using them please take a look at our support resources at https://imeasureu.com/support
    2. Contacting us (including with complaints). If you think IMU Mobile Applications are faulty or mis-described or you wish to contact us for any other reason please email our customer service team at [email protected] or call us on +64.9.889.8158 (NZ), +1.720.259.7808 (USA), or +44.161.818.9883 (UK)
    3. How we will communicate with you. If we have to contact you we will do so by email, by telephone, or by SMS, using the contact details you have provided to us.
25. Governing law and jurisdiction:
    To the full extent permitted by statutory consumer rights (as applicable), these Terms of Use are governed by the laws of England excluding its conflict of laws provisions. You further consent to the jurisdiction of the English courts.