Operator
PeakSpan is operated by OMDA Global s.r.o., a company registered in the Czech Republic, with company registration number +420 570 000 088, and registered office at Haskova 139/2, Brno 63800, Czech Republic.
You can contact us at support@peakspan.live.
Acceptance
By accessing or using the PeakSpan app or website, you agree to these Terms and Conditions.
If you do not agree to these Terms, you must not use PeakSpan.
Eligibility
PeakSpan is intended for users who are at least 18 years old, or who have reached the age of legal majority in their country of residence.
By using PeakSpan, you confirm that you meet this requirement.
Wellness tool, not medical care
PeakSpan provides informational wellness scores, trends, insights and coaching prompts based on available data, device health data, wearable data and information you choose to provide.
PeakSpan is not a medical device, diagnostic service, healthcare service, emergency service or medical advice.
You must not use PeakSpan for any medical, emergency or healthcare purpose, including, but not limited to:
- emergencies;
- diagnosing, treating, preventing or monitoring any disease or medical condition;
- replacing professional medical advice, diagnosis or treatment;
- making health, medical, lifestyle or medication decisions without appropriate professional judgment.
Always seek advice from a qualified healthcare professional regarding any health concern. If you believe you may have a medical emergency, contact emergency services immediately.
Device permissions and data accuracy
Certain PeakSpan features may depend on your device, mobile platform permissions, wearable devices, connected health platforms, available data history and information you provide.
You decide which permissions to grant. You can manage or change permissions through your device or platform settings.
Scores, trends, insights and coaching prompts may be limited, incomplete, inaccurate or may change over time for reasons including, but not limited to:
- limited data coverage;
- changed permissions;
- inaccurate device or sensor measurements;
- inconsistent data from wearable or third-party devices;
- incomplete or inaccurate data from connected health platforms;
- incomplete or inaccurate information provided by you;
- updates to PeakSpan features, models or scoring methods.
You are responsible for deciding what information and permissions to provide.
Privacy and data
PeakSpan may process personal data, including wellness-related data, health-related data, device data and information from connected health platforms, as described in our Privacy Policy.
Our Privacy Policy explains what data we collect, how we use it, how long we retain it and what rights may apply to you.
By using PeakSpan, you acknowledge that the availability, personalization and accuracy of PeakSpan features may depend on the data you choose to provide, your device settings, platform permissions and available data history.
Use of PeakSpan is also subject to our Privacy Policy, available at peakspan.live/privacy.
Permitted use
PeakSpan is provided for personal, lawful use only.
You must not misuse PeakSpan or use it in a way that harms PeakSpan, other users or third parties, including, but not limited to:
- interfering with, disrupting or damaging the app, website, servers or systems;
- attempting to bypass security, access controls or technical restrictions;
- copying, scraping, decompiling, reverse engineering or misusing PeakSpan;
- using PeakSpan for unlawful, harmful, misleading or fraudulent purposes;
- copying PeakSpan branding, design, content or protected materials;
- presenting PeakSpan outputs as clinical conclusions, medical advice or diagnostic findings;
- using PeakSpan to provide medical, professional or commercial advice to third parties without our prior written consent.
Intellectual property
PeakSpan, including its name, branding, software, design, scoring logic, text, graphics, prompts, models, content and other materials, belongs to OMDA Global s.r.o. or its licensors.
You receive a limited, personal, non-exclusive, non-transferable and revocable right to use PeakSpan in accordance with these Terms.
You do not acquire ownership of PeakSpan or any intellectual property rights in the service.
User information and feedback
You are responsible for ensuring that any information you provide to PeakSpan is accurate and that you have the right to provide it.
If you submit feedback, suggestions or ideas about PeakSpan, you allow us to use them without restriction or compensation for the purpose of operating, improving, developing and promoting PeakSpan, subject to applicable privacy and data protection laws.
Availability and changes
PeakSpan is an evolving product. Features, compatibility, scoring methods, content and availability may be changed, limited, suspended or discontinued as the product develops.
PeakSpan may require a compatible device, supported operating system, relevant permissions and internet connection.
We do not guarantee that PeakSpan will always be available, uninterrupted, error-free or compatible with all devices, operating systems, connected health platforms or third-party services.
Paid features, subscriptions and refunds
Some PeakSpan features may be free and others may require payment or subscription.
If you purchase PeakSpan through an app store or other third-party platform, billing, renewal, cancellation and refunds may be handled by that platform and may be subject to that platform's applicable terms.
Unless required by law or applicable platform rules, payments are non-refundable once access to paid features has started.
You are responsible for managing or cancelling subscriptions through the relevant platform or account settings.
Third-party services
PeakSpan may depend on mobile operating systems, app stores, device sensors, wearable devices, connected health platforms, cloud infrastructure, analytics providers or other third-party services.
We are not responsible for third-party services, devices, platforms, outages, data inaccuracies or third-party terms.
App store terms
If you obtain PeakSpan through an app store or third-party distribution platform, your use may also be subject to that platform's applicable terms.
The relevant platform provider is not responsible for providing support or maintenance for PeakSpan unless required by its own terms or applicable law.
The relevant platform provider is not responsible for claims relating to PeakSpan, including product liability claims, regulatory claims or claims that PeakSpan fails to comply with applicable law, except where such responsibility cannot be excluded by law.
No warranties
PeakSpan is provided on an "as is" and "as available" basis.
To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of accuracy, reliability, fitness for a particular purpose, availability, compatibility and non-infringement.
We do not warrant that PeakSpan outputs, scores, trends, insights or coaching prompts will be accurate, complete, useful, reliable or suitable for your personal circumstances.
Limitation of liability
To the maximum extent permitted by law, PeakSpan and its operators, directors, employees, contractors, partners and licensors will not be liable for any loss, damage or harm arising from or in connection with your use of PeakSpan, including, but not limited to:
- indirect, incidental, special, consequential or punitive loss;
- loss of data, profit, revenue, goodwill, reputation or business opportunity;
- reliance on wellness scores, trends, insights or coaching prompts;
- decisions made based on PeakSpan outputs;
- service interruptions, bugs, errors, delays or inaccuracies;
- inaccuracies caused by device sensors, wearable devices, connected health platforms, third-party services or user-provided information;
- unauthorized access, security incidents or data loss where we have taken reasonable protective measures;
- changes, suspension or discontinuation of any PeakSpan feature or service.
PeakSpan is provided for informational wellness purposes only. You are responsible for how you interpret and use any scores, trends, insights or coaching prompts.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is not permitted by applicable law.
Suspension and termination
We may suspend or terminate your access to PeakSpan if you breach these Terms, misuse the service, create legal or security risk, or if we discontinue the service.
You may stop using PeakSpan at any time.
Stopping use of PeakSpan does not automatically delete data already processed by PeakSpan. Data handling, retention and deletion are governed by our Privacy Policy and applicable law.
Changes to these Terms
We may update these Terms from time to time by publishing a revised version on this page or through the app.
The updated Terms apply from the date stated in the revised version.
If changes materially affect your rights or obligations, we may provide additional notice where required by law.
Your continued use of PeakSpan after the updated Terms become effective means that you accept the revised Terms.
Governing law and disputes
These Terms are governed by the laws of the Czech Republic, unless mandatory consumer protection laws in your country of residence provide otherwise.
The courts of the Czech Republic will have jurisdiction over disputes relating to these Terms, unless mandatory law gives you the right to bring claims elsewhere.
Contact
Questions regarding these Terms can be sent to support@peakspan.live.