Terms and Conditions
MEBSTER app
Last updated: 22.08.2024
1. Introduction
Welcome to MEBSTER ("App"), operated by MEBSTER s.r.o., registered in the Czech Republic ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our App, which connects to UNILEXA (medical device, Class I) via Bluetooth for tracking and collecting data related to your training sessions.
By accessing or using our App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our App.
2. Use of the App
2.1 Eligibility
You must be at least 18 years old to use this App. By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under 18 years old, you may only use the App under the supervision and with the consent of a parent, guardian, or other authorized adult who is at least 18 years old. The supervising adult assumes full responsibility for ensuring that all use of the App by the minor complies with these Terms.
2.2 Account Registration
To access the App, you must create an account. You agree to provide accurate and complete information during the registration process and to update this information as necessary to keep it accurate and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.3 Permitted Uses
The App is provided for your personal and non-commercial use. You agree to use the App only for lawful purposes and in accordance with these Terms.
2.4 Restrictions
You agree not to:
- Use the App for any illegal or unauthorized purpose.
- Interfere with or disrupt the App, servers, or networks connected to the App.
- Reverse engineer, decompile, or disassemble any part of the App.
- Use the App to infringe on any third party's intellectual property rights.
- Attempt to gain unauthorized access to any part of the App or its related systems or networks.
3. Medical Disclaimer
3.1 Not a Medical Device
The App is not a medical device and is not intended for medical diagnosis, treatment, or prevention. The App is designed to track and collect data from an exoskeleton to assist in monitoring training sessions.
3.2 Consult a Professional
Always consult with your physiotherapist or healthcare provider before starting or changing any training program. The data provided by the App should not be interpreted as medical advice.
4. Pricing and Changes
4.1 Free Access
The App and its features are currently available to you free of charge.
4.2 Future Pricing
We reserve the right to introduce fees for certain features or services in the future. If we decide to implement fees, we will provide you with reasonable notice, either through in-app notifications or via email. Continued use of the App after any changes to the pricing structure will constitute your acceptance of such changes.
5. Data Processing and Privacy
5.1 Data Collection and Use
By using our App, you agree to the collection, storage, and processing of your personal data, including health-related data, as described in our Privacy Policy. This data is necessary for the App to function and for us to improve our services.
5.2 Data Security
We implement reasonable security measures to protect your data, including encryption and secure storage. However, you acknowledge that no system is entirely secure, and we cannot guarantee the absolute security of your data.
5.3 User Rights
You have rights regarding your personal data, including the right to access, correct, or delete your data. These rights are detailed in our Privacy Policy.
6. Intellectual Property
6.1 Ownership
All content, features, and functionality of the App, including but not limited to text, graphics, logos, images, and software, are the exclusive property of MEBSTER s.r.o. or its licensors and are protected by Czech Republic, EU, and international copyright, trademark, patent, trade secret, and other intellectual property laws.
6.2 License
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use, in accordance with these Terms.
7. Limitation of Liability
7.1 No Warranties
The App is provided "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.2 Limitation of Liability
To the fullest extent permitted by law, MEBSTER s.r.o., its affiliates, and its licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the App.
8. Indemnification
You agree to indemnify, defend, and hold harmless MEBSTER s.r.o., its affiliates, and its licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the App or your violation of these Terms.
9. Termination
We may terminate or suspend your account and access to the App, without prior notice or liability, if you breach these Terms or engage in activities that we determine, in our sole discretion, to be harmful to the App or other users.
Upon termination, your right to use the App will immediately cease.
10. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law principles.
Any disputes arising out of or in connection with these Terms shall be resolved exclusively by the courts of the Czech Republic.
11. Consumer Rights
11.1 Right of Withdrawal
If you are a consumer residing in the European Union, you have the right to withdraw from these Terms within 14 days of accepting them, without giving any reason, unless you have already begun using the service. To exercise this right, please contact us via the contact form .
11.2 ADR/ODR
In the event of a dispute, you may also be entitled to use the EU's Online Dispute Resolution (ODR) platform, which can be accessed at <https://ec.europa.eu/consumers/odr>.
12. Changes to These Terms
We reserve the right to update or modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.
13. Contact Information
If you have any questions about these Terms, please contact us at:
MEBSTER s.r.o.
Drtinova 10, 150 00
Prague, Czech Republic