Last updated: August 24, 2024
This Terms of Service Agreement (Agreement) is a legally binding and valid agreement that, in addition to our Privacy and Security Policy, governs the use of the service (the Service) as provided via the App “POTSie” (the App) available in the Apple App Store and Google Play Store (the Stores).
The Service is provided by POTSie (“POTSie”, “us”, “our”. “we”). You can contact us as contact.potsie@gmail.com.
The Agreement controls the relationship between you and POTSie and does not establish any third party beneficiary rights.
You must be at least 18 years old (the “Minimum Age”) to create an account.
By using the Service, you agree to the Terms of Service.
The POTSie app provides a way to keep track of your fluid and salt intake, symptom levels, physical activity, and other customized health factors related to POTS. We offer free basic services and fee-based subscription services that provide additional functionalities.
You agree that the Service constitutes, in part, a self diagnosis tool to help you find what factors are positively or negatively affecting your POTS and that if you choose to utilise the service, you are solely responsible for deciding how you act on any patterns you may discover. As such you agree that POTSie is not a healthcare provider, and does not provide you with any actual medical advice.
Any advice or other materials provided through the Service and website (www.potsie.io) are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. PLEASE DO NOT USE “POTSie” FOR MEDICAL PURPOSES. IN CASE OF ANY INDIVIDUAL HEALTH ISSUES, CONSULT A MEDICAL PROFESSIONAL.
The Service can be used in the following modes: (i) use subject to creating an account, in such case, data will be stored locally on your device as well as on our servers so that the Service can be used over several devices that are logged in (the Online Service), (ii) use subject to creating an account and subscribing to fee-based additional services (the Subscription Service).
The scope and functionalities of the Service may differ based on the jurisdiction in which you are using the Service. In particular, the Local and/or Online Service may not be available in certain jurisdictions.
Please register and create an individual account in order to access all of POTSie’s free features and functionalities.
In order to use the premium features through our Subscription Service you have to register and create a personal account (the Account).
The process of registration requires explicit consent to this Agreement, including all documents incorporated herein by reference, as well as provision of your email address, other contact information and an individual password.
We are not obliged to accept any registrations and, in our sole determination and discretion, we shall decline the creation of any and all accounts that are intended to disrupt or falsify the Service or that, in fact, do disrupt or falsify the Service
You are responsible for the security and confidentiality of your password. You are further responsible for all activities exercised on your Account.
As a POTSie user, you are entitled to use the services and content we provide. You may not, however, copy or publish any part of the app or services. By using POTSie, you give us permission to use your anonymous information to improve services for all users.
Subject to your consent to this Agreement and your use of the Service, POTSie hereby grants to you a personal, non-assignable, non-exclusive, limited license (the License) to use the software provided to you as part of the Service (the Software). You may not (or permit anyone else to) copy, modify, rent, loan, distribute, sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in any part of the Software. You may not reverse engineer, decompile, or otherwise attempt to extract the source code of the Software, unless expressly permitted or required by applicable law.
The Software may automatically download and install updates and upgrades from time to time without further notice to you. These updates are designed to technically improve and/or enhance the Software and the Service. You agree that we may automatically deliver such updates and upgrades to you as part of your use of the Service.
Using the Service (and/or providing input information) does not give you any legal right, title or interest in the Service or the Software.
You are solely responsible for and retain ownership of all profile information, data, messages, files or other materials that you create, post, or otherwise add to the Service (“User Content”). POTSie’s use of User Content shall be governed by our Privacy Policy. By creating an Account and using the Service, you accept and agree to the Privacy Policy. POTSie is not in any way liable for your User Content. You are solely responsible for backing up your personal User Content. We assume no liability for the deletion, corruption, or failure to store any User Content maintained or transmitted through your use of the Service other than the liability required by applicable law, particularly with regard to the Subscription Service
You agree not to post, upload, publish, submit, store or transmit any content or User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances. You further agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
To use the POTSie app or sign up for a subscription, you must download it or make purchases through respective app stores. Therefore, payments, if any, are made to the operators of those app stores and not to us directly. Consumer rights associated with the purchase must be exercised in relation to the app stores.
The Local Service and the Online Service are available without the requirement of payment. In order to be able to provide the Local Service and the Online Service, we reserve the right to display advertising during your use of the Service (no advertising will be displayed when using the Subscription Service). We may also provide an option to donate via the App enabling your support of our Service.
The Subscription Service is subject to a purchase of the respective options as offered in the App and/or Store (subscription terms are generally offered on a monthly or annual basis). Ordering and payment of the Subscription Service is facilitated via an in-app purchase from the respective Store. The legal relationship associated with the purchase and any consumer or other rights arising therefrom are strictly allocated to the respective Store and not POTSie. When conducting the purchase, recourse is made to the payment options as determined in your user account with the respective Store. The payment and general terms of the respective Store apply. POTSie is not a party to the purchase transaction and hereby disclaims any and all obligation, responsibility and/or liability that may arise as a result of the purchase transaction.
Prices for the Subscription Services may differ based on the jurisdiction you are purchasing from.
Our “Monthly” subscription is paid in monthly installments. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until canceled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
POTSie, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
POTSie will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by POTSie on a case-by-case basis and granted in sole discretion of POTSie.
WE DO NOT ASSUME ANY GUARANTEE OR SPECIFIC LIABILITY AS TO THE SERVICE AND WITH REGARD TO THE PURPOSE OF YOUR USE. IN PARTICULAR, WE ARE NOT RESPONSIBLE IF CONSUMERS USE THE SERVICE FOR MEDICAL PURPOSES WHICH CONTRADICT THE EXPLICIT INTENTION OF OUR SERVICES.
POTSie EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR YOUR USE OF THE SERVICE FOR MEDICAL PURPOSES OR ANY OTHER PURPOSE THAT IS AGAINST THE INTENDED USE OF THE SERVICE.
Product descriptions shall not be deemed guaranteed unless separately agreed in writing. We do not warrant that the Service can be used to achieve particular interests or that the output of the Service is complete and accurate. Rather, the Service shall only represent a tool that helps track and monitor according to the information provided by you.
Provided we are liable for damages caused by the Service according to applicable law, liability shall be limited as follows and the limitation shall also apply to our representatives. In the event of breaches of contract and corresponding liability caused by simple negligence it shall be limited to the typical average direct damages that were foreseeable at the time of concluding the contract. Neither we nor our legal representatives or agents assume any liability for breaches of non-essential contractual obligations arising from simple negligence; i.e. such obligations that are not required to perform the Service or this Agreement. The aforementioned limitations of liability do not affect any claims you raise under product liability law or a separate guarantee. For gross negligence and intentionally caused damages liability shall be unlimited. Further, the aforementioned limitations of liability do not apply to damages relating to life, limb and health attributable to us.
Please read our Privacy Policy to learn about the use of your personal data related to POTSie.
We take your privacy and data protection very seriously. We share and/or analyze your personal information only in the limited scenarios and for the limited purposes as explained in our Privacy and Policy available at https://potsie.io/privacy-policy
By using the Service, you agree to the collection and use of personal information in accordance with our Privacy Policy.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or POTSie, the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.>
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
We may vary these Terms and Conditions from time to time. You are advised to regularly check these Terms and Conditions for any such variation and note the date set out at the top of this page on which these Terms and Conditions were last updated. The amended Terms and Conditions will take effect on the date on which we publish any variation through the POTSie app and Services. If you do not agree with the amended Terms and Conditions then you have the right to stop using the POTSie app and Services, and should do so immediately. Your continued use of the POTSie app and Services after the date the changes have been posted will constitute acceptance of the amended Terms and Conditions.
Section headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions
No waiver shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us from acting upon any continuing or subsequent breach or default.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions shall be interpreted by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and remain enforceable between you and us.
We are an independent service provider for all purposes when carrying out our obligations under these Terms and Conditions. Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any other kind of legal relationship including partnership, agency, trustee, fiduciary duty, joint venture or any other form of legal association between us.
Notwithstanding any other provision in these Terms and Conditions, a person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce these Terms and Conditions.
These Terms and Conditions constitute the entire agreement as to its subject matter and supersede and extinguish all previous communications, representations (other than fraudulent misrepresentations) and arrangements, whether written or oral.
Questions or comments about the Service or these Terms may be directed to us at the email address contact.potsie@gmail.com