By creating your account or otherwise using pTron Fit+: Health & Fitness Services, you shall be deemed to have agreed to be bound by the terms of the Agreement, and such terms shall constitute a binding agreement between you and pTron Fit+: Health & Fitness. Below are the specific terms of the Agreement:
Eligibility to Use pTron Fit+: Health & Fitness Services
1 Information we collect
2.2 Where we store your personal information
- Create Your Account
- Essential Devices
- pTron Fit+: Health & Fitness’s Rights
- pTron Fit+: Health & Fitness Services
6.1 Device Data
6.2 Contact List
6.3 Access Background Location
- Rules of Use
- Please consult your doctor before using pTron Fit+: Health & Fitness Services.
- Sales and Payment
- Feedback and Submission Policy
- Reminders and Notifications
- Third-party Services
- Change of pTron Fit+: Health & Fitness Services
- Limitation of Liability
- Governing Law and Dispute Resolution
- General Provisions
- Applicability of Additional Provisions
- Contact Us
2. Eligibility to Use pTron Fit+: Health & Fitness Services
If you are under 16 years old (or under 13 years old in some jurisdictions), you are not allowed to use pTron Fit+: Health & Fitness Services. If we believe that you are under 16 years old (or under 13 years old in some jurisdictions), we may terminate your account and your use of our services.
2.1 Information we collect
Some information is required to create an account on our Services, such as your name, email address, mobile number, password, date of birth, gender, height and weight. This is the only information you have to provide to create an account with us. You may also choose to provide other types of information, such as a profile photo. Information like your height, weight, gender, and age allows us to improve the accuracy of your daily exercise and activity insights like the number of calories you burned and the distance you traveled.
Activity data: We collect and maintain your activity information to determine the activities performed and monitor the daily patterns that may affect your fitness.
Sleep data: We collect and maintain your sleep data including sleep schedule, sleep duration, sleep habits and areas for improving your sleep.
Heart rate data: We collect and maintain your heart rate data in order to calculate and detect your maximum and resting heart rate, and notify you when it exceeds the limits.
2.2 Where we store your personal information
We store our data with Fitpro Services cloud platform provided by Fitpro (深圳市威尔健康管理有限公司) and (深圳市龙岗区坂田街道南坑社区雅宝路1号星河WORLD B901, 518129). Fitpro implements security measures to protect against the loss, misuse, and alteration of the information. We send the data to our backend servers from the mobile application called pTron Fit+ Health & Fitness App ("App").
3. Create Your Account
To take full advantage of pTron Fit+: Health & Fitness Services, you need to create an account, for which purpose, you need to provide us with a valid E-mail address, mobile number and a secure password. You are responsible for ensuring the security of your account and password, and will be held liable for all actions that occur in your account. pTron Fit+: Health & Fitness shall not be held liable for any of your losses or damages caused by your failure to keep your account and password confidential. If you find or suspect any security breaches in pTron Fit+: Health & Fitness Services or your account, please contact us.
4. Essential Devices
To take full advantage of pTron Fit+: Health & Fitness Services, you need to use a supporting mobile device (such as mobile phone) that can be connected to the Internet, and a smart device such as sports bracelet or watch. The maintenance and safety performance of such devices may affect the services of pTron Fit+: Health & Fitness, so you are responsible for ensuring the normal operation and safety of such devices. It is your responsibility to bear all Internet access fees. Please check with your Internet provider for possible Internet data usage charges.
5. pTron Fit+: Health & Fitness’s Rights
The “pTron Fit+: Health & Fitness Contents” include any photos, images, graphics, videos, audios, data, texts, music, software, works in any form and other information, contents or data released, generated, provided or otherwise made available by us through pTron Fit+: Health & Fitness. pTron Fit+: Health & Fitness reserves the rights to pTron Fit+: Health & Fitness Contents and all rights that are not expressly specified in the Agreement. Unless otherwise specified in the Agreement, your use of pTron Fit+: Health & Fitness Services shall not constitute the transfer of any ownership of pTron Fit+: Health & Fitness Services or pTron Fit+: Health & Fitness Contents to you or any other person.
You agree that you will not modify, delete, extract or hide any pTron Fit+: Health & Fitness Contents contained in pTron Fit+: Health & Fitness Services, or any accompanying statement on copyright, trademark, service mark or other proprietary rights by any means. You shall not duplicate, imitate or use our logo contained in pTron Fit+: Health & Fitness Contents, any other pTron Fit+: Health & Fitness trademarks that may appear in pTron Fit+: Health & Fitness Services, or the overall appearance and style of pTron Fit+: Health & Fitness Services without our prior written permission.
6. pTron Fit+: Health & Fitness Services
pTron Fit+: Health & Fitness Services record your training data and health data, which will be used only for your private and non-commercial purposes. Below are the main functions of pTron Fit+: Health & Fitness Services.
(a) Account login: you need to create and log into your pTron Fit+: Health & Fitness account, in order to manage and save your training data and health data.
(b) Device management: pTron Fit+: Health & Fitness Services allow you to manage your device. You can manage the use and upgrade of your device by connecting your device to your phone through Bluetooth function. You can manage your personal data on your device and/or in the APP, which will be displayed after processed through the APP.
(c) Personal information management: you can edit your avatar, nickname, sex, age, height, weight and other information in the APP.
(d) Training data recording: pTron Fit+: Health & Fitness Services support the recording and display of your daily training data (walking, running, biking, swimming, etc.) and movement path (outdoor running, outdoor walking, outdoor biking, etc.). To record your movement path, you need to enable the GPS function of your mobile phone.
(e) Health data management: After binding your device, pTron Fit+: Health & Fitness Services will support the measurement, recording and display of your health data (sleep, heart rate, SpO2, stress, etc.).
(f) Medals: You will be awarded virtual medals, depending on your related training data and health data.
(g) Health reports: Generate your weekly, monthly and annual health reports based on your training data, health data and personal information, and push your health reports. Please note that these reports do not constitute professional medical advices.
(h) Functional services: pTron Fit+: Health & Fitness provides additional functional services, including quick message reply, intelligent training identification, female menstrual cycle reminder, lifting wrist to turn on the screen, automatic brightness adjustment at night, multi-language switching, alarm clock, Find My Phone, music control and weather notification.
(i) Sharing: Share your weekly health report and other training data and health data to other social APPs on your phone.
(j) Questions and suggestions: If you encounter any problems in the course of use, you can edit and submit questions to us. If necessary, you can choose to upload logs.
(k) pTron Fit+: Health & Fitness Services allow you to share data to third-party services, provided that you send us a sharing instruction.
(l) Purchase: pTron Fit+: Health & Fitness provides virtual dial purchase service.
Please note that we will update the APP or software from time to time, and the actual functions will depend on the version you are using.
6.1 Device Data. "Device Data" includes without limitation, the following:
- Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
- Device operations: information about operations and behaviours performed on the device, such as whether a window is foregrounded or back-grounded.
- Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use.
- Device signals: We may collect your Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
- Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.
- Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address and connection speed.
- Media: We access the media gallery on your mobile device, including without limitation, images, videos and audio files and the storage space on your phone. However, we shall always obtain your consent before accessing your images and you shall have the option to deny us such access.
Contacts List. We access the contacts list on your mobile device. We always ask for your consent before accessing your contacts list and you have the option to deny us the access to your contacts list. We take this information to run the buddy feature of the app where users can invite or connect with persons from their contacts.
Phone state / contact List: the call notifications feature - In order to use this feature it requires permission to send the caller details to the connected devices when the phone receives incoming calls and SMS. This data is not saved by the pTron app and is only used to provide notifications.
6.3 Access Background Location
When you use location-based program services or features, we may collect your location data.
pTron Fit+ requires background location permission for:
- When using Bluetooth to search for devices, or to connect devices with Bluetooth, most Android systems need to use location permissions to enable Bluetooth related functions.
- Use positioning to display walks and runs on a map for sports activities such as outdoor running, outdoor cycling, etc. When the pTron Fit+ application is running in the background, it also needs to obtain location information, and display the motion trajectory and distance to the user through the location information.
7. Rules of Use
pTron Fit+: Health & Fitness grants you a limited, non-exclusive, non-transferable and revocable license (no sub-licensing is allowed) to: (1) use pTron Fit+: Health & Fitness Services; (2) view pTron Fit+: Health & Fitness Contents; (3) use the APP provided by pTron Fit+: Health & Fitness Services; and (4) use the APP built into your pTron Fit+: Health & Fitness device or call the APP from your phone, as authorized in the Agreement. This license will be granted only when you use pTron Fit+: Health & Fitness Services for your personal and non-commercial purposes in the manner permitted by the Agreement.
You may not use, sub-license, duplicate, adapt, modify, translate, disclose, produce derivative works, disseminate, license, sell, lease, transfer, publicly display, publicly demonstrate, communicate, broadcast or otherwise use the pTron Fit+: Health & Fitness Contents, pTron Fit+: Health & Fitness Services or any part thereof (including any third-party software or APP), unless expressly permitted by the Agreement. You cannot obtain licenses or rights to any intellectual property owned or controlled by pTron Fit+: Health & Fitness or its licensors by implied or other means, except for the licenses and rights expressly granted in the Agreement.
The images, names and other information you upload are your contents. You are solely responsible for your contents. You agree that none of your contents will be of the following nature: false, defamatory, infringing, harmful, pornographic, offensive, bullying, harassment, scandal, hatred, incitement, threats, profanity, obscenity, invasion of privacy or otherwise objectionable, including but not limited to facilitating illegal activities, promoting violence, and any discriminatory or illegal contents that may incur civil liabilities.
8. Please consult your doctor before using pTron Fit+: Health & Fitness Services
pTron Fit+: Health & Fitness Services are not intended for the diagnosis, handling, treatment or prevention of any disease. If you have any medical condition or heart disease, please consult your doctor before using pTron Fit+: Health & Fitness Services or participating in a training program. In case of a medical emergency, please consult a medical professional immediately.
Long-time contact with the wearable device may cause skin irritation or allergies to some users. To reduce discomfort, please follow the following 4 wearing and maintenance suggestions: (1) keep the device clean; (2) keep the device dry; (3) do not wear the device too tightly; (4) after long-time wearing, please take off the wristband and allow your wrist to rest for an hour. If you notice skin irritation, pain, tingling, numbness, burning or stiffness on your hand or wrist while or after wearing the device, please take off the device and stop using it. If the symptoms persist for more than 2~3 days after you take off the device, please consult your doctor.
Using the heart rate measurement function of pTron Fit+: Health & Fitness products may pose risks to users with certain diseases. If you (1) have any medical condition or heart disease, (2) are taking any photosensitive drug, (3) suffer from epilepsy or are sensitive to flashes, (4) suffer from poor blood circulation and are prone to bruising, or (5) suffer from tendinitis, carpal tunnel syndrome or other musculoskeletal diseases, please consult your doctor before using pTron Fit+: Health & Fitness products.
9. Sales and Payment
For the sales, return and warranty policies of pTron Fit+: Health & Fitness Services, please consult your dealer, distributor or other sales entities. You must accept the Agreement when placing an order. We may reject or restrict your order by any reason.
The virtual goods you purchase on pTron Fit+: Health & Fitness are subject to one-time payment. We will not accept your return or refund request for any reason.
You agree that pTron Fit+: Health & Fitness has the right to adjust the price of paid goods. After the new price takes effect, you will need to accept the new price when placing an order, but the products and services you have purchased before the price adjustment will not be affected. If you do not accept the new price, please stop placing new orders.
10. Feedback and Submission Policy
11. Reminders and Notifications
You may receive notifications, text messages, reminders, emails and other electronic communications during the use of pTron Fit+: Health & Fitness Services. You agree to receive these communications. You can use “Account Settings” to control most of the communications from pTron Fit+: Health & Fitness Services. We may need to send you certain communications, such as software update notifications. Any notifications, agreements, disclosures or other communications that we send to you electronically will meet any legal communication requirements, including the requirements for written communications.
12. Third-party Services
If the technology permits, you can choose to transfer your information to a third party, such as Strava, Google Fit or Apple Health. You can share your training records with other social APPs on your phone, such as Mail.
Any disputes caused by the use of third-party products or services through pTron Fit+: Health & Fitness Services shall be settled by the third-party service provider, and pTron Fit+: Health & Fitness shall not be liable for such disputes. pTron Fit+: Health & Fitness will not provide any customer support for third-party software or technology. If you need support, please contact the third-party service provider.
13. Change of pTron Fit+: Health & Fitness Services
pTron Fit+: Health & Fitness may change or discontinue, whether temporarily or permanently, any function, component or content of pTron Fit+: Health & Fitness Services at any time without any notice. pTron Fit+: Health & Fitness shall not be held liable to you or any third party for any revision, suspension or discontinuation of any function, component or content of pTron Fit+: Health & Fitness Services. We reserve the right to determine the time and contents of software update: pTron Fit+: Health & Fitness may send you a software update reminder, and you can choose to download and install the updated software; the updated software may also be downloaded and installed automatically by your App Store without notifying you.
We reserve the right to decide to suspend or discontinue your account or your use of all or part of pTron Fit+: Health & Fitness Services or terminate these terms at any time without any liability. We will do our best to notify you before taking such actions.
You can request to 'close your account and delete your data' at any time by writing an email to us on firstname.lastname@example.org with subject line 'Account and data deletion'. The following data will be deleted as per the request: 1. Account information including all personal or demographic information. 2. All data generated or synced on the pTron Fit+ app. 3. All information related to paired devices and all respective data associated to specific user account. In case the Agreement is terminated, or pTron Fit+: Health & Fitness Services are suspended, or your account is closed, the following provisions of the Agreement shall remain valid: Section 1, 2, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21.
pTron Fit+: Health & Fitness Services are provided for your use only, not for any third party's use. You agree that pTron Fit+: Health & Fitness and its affiliates, third parties, and sellers shall not be held liable for any losses caused by unauthorized use of pTron Fit+: Health & Fitness Services.
pTron Fit+: Health & Fitness Services are provided on an “as is” basis without any kind of guarantee. Without limiting the foregoing provisions, we expressly waive all express or implied warranties arising from or in connection with the Agreement or pTron Fit+: Health & Fitness Services, including but not limited to any warranty of merchantability, fitness for a particular purposes or non-infringement, and any guarantee arising from trading habits or business practices.
We do not guarantee that pTron Fit+: Health & Fitness Services will meet your requirements, or that no interruption, safety or failure will occur during the use of pTron Fit+: Health & Fitness Services. We do not guarantee the quality, accuracy, timeliness, authenticity, completeness or reliability of pTron Fit+: Health & Fitness Services or any pTron Fit+: Health & Fitness Contents. pTron Fit+: Health & Fitness Services may change over time, and may vary from place to place. For example, the update of the APP or software may cause changes to pTron Fit+: Health & Fitness Services, or cause the map to be unusable, inaccurate or incomplete. The use of pTron Fit+: Health & Fitness Services should not replace your good judgment and common sense.
You expressly agree that pTron Fit+: Health & Fitness will not provide medical advice through pTron Fit+: Health & Fitness Services. The contents provided through pTron Fit+: Health & Fitness Services cannot be used and should not be used to replace (a) the advice of your doctor or other medical professionals, (b) your going and seeing, or calling and consulting your doctor or other medical professionals, or (c) the information provided on any product package or label. If you have any health-related problem, please call your doctor or other medical professional for treatment. You should never ignore medical advice or delay seeking medical advice due to any content of pTron Fit+: Health & Fitness Services, or use any content of pTron Fit+: Health & Fitness Services to diagnose or treat your health problems. Spreading and receiving our contents in whole or in part via the Internet, email or other means will not constitute or establish a relationship of doctor, therapist or other health care professionals with patient between you and pTron Fit+: Health & Fitness.
You expressly agree that your physical activities (including but not limited to biking, running or following the training program provided in pTron Fit+: Health & Fitness Services) have certain inherent and significant risks of property loss, personal injury or death. You will voluntarily assume all the known and unknown risks associated with such activities, even if they are caused wholly or partly by any act, omission or neglect of pTron Fit+: Health & Fitness or others.
For any claims, prosecutions, lawsuits, demands, disputes, appeals or investigations brought against pTron Fit+: Health & Fitness by any third party, government agency or industry organization based on your following actions, and all liabilities, damages, losses, costs and expenses incurred therefrom, including but not limited to reasonable attorney fees, pTron Fit+: Health & Fitness has the right to claim compensation from you and be held harmless by you: (1) your access to or use of pTron Fit+: Health & Fitness Services; (2) your contents; (3) your violation or alleged violation of any of your warranties or the Agreement; or (4) your violation of any law or third-party rights.
Besides, we reserve the right to defend against third-party claims (you are responsible for compensation). In such case, you must cooperate with us to make any effective defense.
17. Limitation of Liability
For any incidental, special, punitive or indirect damage arising from or in connection with your use of the Agreement, or the use of or inability to use pTron Fit+: Health & Fitness Services, including loss of profit, data loss, service interruption, computer damage, system failure or replacement service charges, pTron Fit+: Health & Fitness, its suppliers or licensors, and any other parties participating in the creation, production or delivery of pTron Fit+: Health & Fitness Services shall not be held liable, whether based on warranty, contract, tort (including negligence), product liability or other legal theories, and whether pTron Fit+: Health & Fitness has ever been notified of the possibility of damage or not, even if the limited remedy provisions contained herein are deemed to have failed to achieve their necessary purpose.
In no event shall the total liability of pTron Fit+: Health & Fitness arising from or in connection with the Agreement, or your use of or inability to use pTron Fit+: Health & Fitness Services exceed the amount paid to pTron Fit+: Health & Fitness by you for using pTron Fit+: Health & Fitness Services.
The above-mentioned damage exclusion and limitation provisions are the fundamental basis for pTron Fit+: Health & Fitness to make a deal with you.
In some jurisdictions, no exclusion or limitation of liability for indirect or incidental damage is allowed, so the above limitations may not apply to you.
18. Governing Law and Dispute Resolution
The validity and interpretation of the Agreement shall be governed by the laws of India. If there are no applicable laws or regulations, the international commercial practices and/or general commercial practices shall apply.
The Agreement has been signed in India.
Both the user and pTron Fit+: Health & Fitness agree that all disputes arising from the Agreement shall be settled through negotiation. If the negotiation fails, either party may submit such dispute to New Delhi Court of International Arbitration for arbitration.
19. General Provisions
We will notify you before making major amendments to the Agreement and give you the opportunity to view the revised terms. You can then decide whether to continue using pTron Fit+: Health & Fitness Services or not. By continuing to use pTron Fit+: Health & Fitness Services after the revision is released, you shall be deemed to have accepted the revised agreement.
If any provision of the Agreement is declared to be invalid or unenforceable by a court of competent jurisdiction for any reason, such provision shall be enforced to the maximum extent permitted, and the remaining provisions of the Agreement shall remain in full effect.
Any notifications or other communications provided by pTron Fit+: Health & Fitness under the Agreement, including the notifications or communications regarding amendments to the Agreement, shall: (1) be delivered by email; or (2) be released on pTron Fit+: Health & Fitness. Any notification delivered by email shall be deemed served on the date of receipt of the email.
pTron Fit+: Health & Fitness's failure to exercise any rights or provisions under the Agreement shall not be deemed a waiver of such rights or provisions. No waiver of such rights or provisions shall be considered effective unless made in writing and signed by a duly authorized representative of pTron Fit+: Health & Fitness. Unless otherwise expressly provided in this Section, either party's exercise of its any remedy under the Agreement shall not affect its other remedies under the Agreement or elsewhere.
20. Applicability of Additional Provisions
Additional provisions may apply to specific products or services. If there is any conflict between these provisions and any additional provisions, the additional provisions shall prevail.
21. Contact Us
If you have any questions about the Agreement, please contact us.
Palred Electronics Private Limited, Plot No. 2, 8-2-703/2/B Road Number 12, Banjara Hills, Hyderabad, Telangana - 500034, India