PAI Health Terms of service

Updated: March 20, 2020
Effective Date: April 20, 2020
SERVICES

PAI Health Inc. (“PAI Health”, “we”, “us” or “our”) provides an integrated suite of health-related products and services, including:

  1. PAI Health-branded fitness and health websites, including paihealth.com;

  2. PAI Health-branded fitness and health mobile applications; and

  3. other associated health and fitness related websites, applications, applets, widgets, software development kits, application programming interface, tools, calculators, content, social networking components, products, services, or select promotional offers made available by PAI Health

(collectively, the “Services”).

ACCEPTANCE

These Terms of Service (“Terms”) set out the terms and conditions upon which the Services, or any portion thereof, are provided to you (“you”, “your” or “user”) by PAI Health. By expressly accepting these Terms or by using any of the Services, you agree to be bound by these Terms.  

These Terms describe both your rights and your obligations in connection with your use of the Services. It is important that you read and understand these Terms, as they are legally binding.  If you do not agree to be bound by any provision of these Terms, your only recourse is to immediately cease using the Services.

Please note that certain Services may require that you agree to additional terms prior to use (“Additional Terms”).  In that event, those Additional Terms will be considered to form and be a part of these Terms, and in case of any conflict between these Terms and any Additional Terms, the Additional Terms shall prevail with regard to the particular Service they are associated with

UPDATES

PAI Health reserves the right to make changes to these Terms from time to time. If we make a material change to these Terms, we will provide you with reasonable notice prior to the changes either by posting a notice on our website or within our application(s). It is your responsibility to review the most current version of these Terms by visiting our website. Revisions to these Terms will become effective on the date set forth in our notice, and if you continue to use the Services after that date, your use will constitute acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your only remedy is to cancel your Account, if applicable, and cease your use of the Services.

ACCESS AND USE OF THE SERVICES

You may access and use the Services only for their intended purposes, and you shall not misuse the Services in any manner (as determined by PAI Health in its sole discretion). You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services. You are also responsible for maintaining the confidentiality of your Account and password and for restricting access to your devices, and you agree that you are solely responsible for all activities that occur under your Account or password. PAI Health reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

The Services are intended solely for users who are at least the greater of 18 years of age or the age of majority in the user’s jurisdiction, or older (the “Permitted Age”), and any registration, use or access to the Services by anyone under the Permitted Age is unauthorized, unlicensed, and in violation of these Terms.

If you are under the Permitted Age and attempt to use the Services, we may delete any content or information that you have posted on or provided through the Services, and/or prohibit you from using or accessing the Services (or any portion, aspect or feature of the Services) for any reason or no reason, at any time in our sole discretion, with or without notice, including without limitation if we have any reason to believe that you are under the Permitted Age.

CONTENT

In these Terms, “Content” means all materials and content of any type, including, but not limited to, photos, graphics, logos, button icons, images, designs, profiles, messages, notes, text, information (including data sent by you in establishing your Account), personal health information, music, sound, video, articles, digital downloads, data compilations and software.

All Content available or stored through the Services, any Content made available by us or any third party, and the selection and arrangement of all such Content (collectively, “Our Content”), is the sole and exclusive property of us or our licensors with all rights reserved, and we (or, as applicable, our licensors) retain and shall retain all right, interest and title in and to all Our Content.  Subject to your full compliance with these Terms and any Additional Terms, we hereby grant you a limited, personal, non-transferable, revocable (at any time with or without notice or cause), non-sublicensable and non-exclusive right and license to access and use the Services, and use Our Content solely for your personal, non-commercial use to the extent necessary to use the Services for their intended purposes.  By making Our Content available to you, we are not providing you with any implied or express licenses or rights, and for greater certainty you will have no rights to make any commercial uses of Our Content or any Service without our prior written consent.

USER CONDUCT

Without restricting anything else in these Terms or any Additional Terms, you agree not to:

  1. alter, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, or sell in any form or by any means, in whole or in part, Our Content, except where the Services provide for the ability to share such Content on social media channels,

  2. make Our Content available to anyone, permit anyone to access Our Content, or license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy or otherwise commercially exploit the Services or Our Content in any way except in accordance with these Terms, such as where the Services provide for the ability to share such Content on social media channels;

  3. collect or harvest any data about other users, except as may be permitted by the functionality of the Services, nor use any data mining, robot or similar data gathering or extraction methods with respect to the Services or any of Our Content;
  4. modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any part of the Services;
  5. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, in your Account registration data or otherwise;
  6. disable or circumvent any access control or related process or procedure established with respect to the Services, or attempt to gain unauthorized access to any Services;
  7. remove any copyright or other proprietary notices on or in relation to Our Content or any part thereof;
  8. engage in any behaviour which would expose PAI Health or any of our users to harm, or encourage any user of the Services to act in violation of these Terms;
  9. intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including any regulations thereto, or any court order, arbitral order, or lawful order of any governmental authority;
  10. interfere with or disrupt the Services or Our Content (including the servers, networks or technology connected to the Services);
  11. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including, but not limited to, images, text, page layout, or form of PAI Health without our express written consent;
  12. use any meta tags or any other "hidden text" utilizing PAI Health’s name or trademarks without our express written consent;
  13. create any hyperlink to our websites that portrays PAI Health, or its Services in a false, misleading, derogatory, or otherwise offensive matter, or that uses our logo and/or any trademark and/or Our Content without our express written consent.
FEEDBACK

From time to time, you may provide us with information about your use and experience with the Services, including any issues or suggestions (“Feedback”). You agree to assign such Feedback exclusively to PAI Health when you submit it, and as between you and PAI Health, such Feedback will belong solely to PAI Health, who will be free to use (or not use) such Feedback in any manner in its discretion.

ELECTRONIC COMMUNICATION

When you visit our website, interact with our applications, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. See also our Privacy Policy below.

TRADEMARKS

PAI®, PAI Health®, Personal Activity Intelligence®, and other PAI Health trademarks, graphics, logos, page headers, button icons, scripts, and service names displayed in connection with the Services are the subject of trademarks, registered trademarks, trade dress, or other intellectual property rights owned or licensed by PAI Health in the United States and in many other countries around the world. You agree not to use PAI Health’s intellectual property in any manner that is inconsistent with these Terms or any Additional Terms, is likely to cause confusion among consumers, or that disparages or discredits PAI Health or its licensors. The Services may also display certain third-party trademarks which are used under license by PAI Health.  You agree not to use these trademarks for any purpose without the express written consent of PAI Health or the owner of the trademark.

PAI DISCLOSURE

Based on the HUNT database, PAI Health developed its proprietary algorithms to help the everyday user maintain the same level of physical activity that researchers found to contribute to a reduced risk of death from lifestyle diseases in study participants.

By analyzing a user’s heart rate, PAI Health’s proprietary, patented technology translates that data into a Personal Activity Intelligence score, or “PAI.” By monitoring his or her PAI score, a user can make positive activity level choices. Achieving the proper level of physical activity can extend longevity and reduce the risk of lifestyle diseases. The algorithm behind PAI was derived from the results of the HUNT studies conducted at The Norwegian University of Science and Technology, which have collected data concerning physical activity and health outcomes from over 45,000 participants over 25 years.

A 2016 analysis of the HUNT database by Wisløff et al. that retroactively applied the PAI algorithm to collected data provided groundbreaking insight that identified an optimal amount of physical activity needed to help protect against lifestyle-related diseases. Because this analysis looked at data retrospectively, the study was not randomized, blinded or controlled (which are all measures that help reduce bias when testing the effect of a particular intervention). The study found a correlation between levels of exercise and mortality. The analysis showed that individuals with a PAI-score ≥100 had for men a 17% (range 7-27%) and for women a 23% (range 4-38%) reduced risk of cardiovascular disease mortality compared to inactive groups. There was also a corresponding risk reduction for all-cause mortality of for men 13% (range 6-20%) and for women 17% (range 6-26%). Importantly, it was observed that ≥100 PAI score was associated with an average 4.7 (range 4.4-5.0) years of life gained compared with participants obtaining

Of course, exercise and/or physical activity can present health risks and may not be advisable for everyone.

MEDICAL RISKS

PAI Health encourages users to elevate their heart rate and exercise at moderate to high intensity, which may not be appropriate for everyone. You should consult a medical professional before using the Services or beginning a new exercise program, particularly if you have, or suspect you may have, a medical condition that could limit your ability to exercise vigorously. If you have, or are at a high risk of any heart conditions, do not use the Services or engage in a new exercise program before discussing with your doctor. Do not use the Services before you consult a medical professional if you are experiencing a fever or other illness or if you have one or more known medical conditions such as, but not limited to, cancer, heart disease, epilepsy, tendonitis, carpal tunnel syndrome, other musculoskeletal disorders, reduced circulation, or bruise easily.

Do not exceed the amount or intensity level of exercise or the maximum heart rate recommended by your physician. The Services provided by PAI Health are based on historical and not real-time data, so the advice of your physician should take precedence over any recommendations provided through the Services. Contact your physician or other medical professional immediately if you experience chest pain or any other discomfort or medical emergency while exercising.

The Services may be integrated with heart rate tracking devices, which may pose a risk to individuals with certain health conditions. Consult your doctor before using any heart rate tracking devices if you have a heart condition, epilepsy, musculoskeletal disorders, or have been prescribed blood-pressure medication or medication that makes you sensitive to sunlight.

The Services do not provide medical advice, and are not intended to diagnose, treat, or prevent specific health conditions, diseases, or illnesses. If you experience any health concerns while using the Services, stop immediately and see a medical professional. If you experience a medical emergency, call your doctor or emergency services as soon as possible.

PAI Health is not responsible for any health problems you may experience during or following your participation in any activity or use of the PAI score.  The PAI score is made available to you on an “as is” and “as available” basis without warranty of any kind.  To the fullest extent permitted by applicable law, PAI Health disclaims any and all implied warranties in respect of the PAI score, including warranties of merchantability and fitness for purpose.

Exercise activities, including those promoted by PAI Health, carry inherent risks of bodily injury or death, and are not suitable for everyone. By using the Services, you voluntarily assume all known and unknown risks associated with these activities even if caused in whole or in part by the Services, and expressly agree to release PAI Health from any liability for health issues or injuries that occur as a result of participation in training programs or targets related to or used in association with the Services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY PAI HEALTH ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PAI HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PAI HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OR REPRESENTATION REGARDING THE ACCURACY OF THE HUNT STUDY OR THE HUNT DATABASE. PAI HEALTH DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES; PAI HEALTH’S SERVERS; OR E-MAIL SENT FROM PAI HEALTH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NONE OF PAI HEALTH, ITS SUPPLIERS, LICENSORS, NOR ANY OTHER PARTY INVOLVED IN THE DEVELOPMENT, PRODUCTION OR DELIVERY OF THE SERVICES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF OPPORTUNITY, DAMAGE TO HARDWARE, SOFTWARE OR SYSTEMS, EVEN IF THE POTENTIAL FOR SUCH DAMAGE WAS PREVIOUSLY DISCLOSED OR REASONABLY FORESEEABLE IN THE CIRCUMSTANCES.

CERTAIN STATE’S OR COUNTRY’S LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You will indemnify, defend, and hold PAI Health (and any of its directors, officers, employees, agents, and representatives) harmless from any claim, action, suit, or proceeding made or brought against PAI Health arising out of or related to your breach of any term of these Terms.

GOVERNING LAW

These Terms shall be governed by the law of the Province of British Columbia, and the federal laws of Canada applicable therein, without regard to conflicts of law provisions. The courts located in the City of Vancouver, British Columbia shall have exclusive jurisdiction over any dispute arising in connection with these Terms. The parties irrevocably consent to the jurisdiction and venue of any such court in any such action or proceeding.

These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the use of the Services, superseding any prior agreements between you and us relating to your use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, unlawful, void or unenforceable for any reason, that provision shall be deemed severable and the remainder of these Terms shall continue in full force and effect.

For our Privacy Policy, please visit https://www.paihealth.com/privacy-policy.htm.