Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the Car Momentum UK website, mobile applications, fitness tracking devices, and related services (collectively, the "Services") operated by Car Momentum UK ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms.

2. Acceptance of Terms

By purchasing our products, creating an account, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

3. Eligibility

You must be at least 16 years old to use our Services. If you are under 18, you may only use our Services with the involvement of a parent or guardian. By using our Services, you represent and warrant that you meet these eligibility requirements.

4. Account Registration

To access certain features of our Services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

5. Products and Services

5.1 Fitness Tracking Devices

Our fitness tracking devices are designed to monitor various health and fitness metrics. These devices are not medical devices and should not be used for medical diagnosis or treatment. Always consult healthcare professionals for medical advice.

5.2 Software and Applications

We provide mobile applications and software to accompany our devices. These may be updated periodically to improve functionality, add features, or address security issues.

5.3 Data and Analytics

Our Services provide health and fitness insights based on data collected from your devices. This information is for educational and motivational purposes only.

6. Purchase Terms

6.1 Pricing and Payment

All prices are listed in British Pounds (GBP) and include applicable VAT. Prices may change without notice. Payment is due at the time of purchase and must be made through our approved payment methods.

6.2 Order Processing

Orders are processed within 1-2 business days. You will receive confirmation when your order is placed and when it ships. We reserve the right to refuse or cancel orders at our discretion.

6.3 Shipping and Delivery

We offer free standard shipping within the UK on orders over £50. Delivery times vary by location but typically range from 2-5 business days. International shipping is available for an additional fee.

7. Returns and Refunds

7.1 Return Policy

You may return unused products within 30 days of delivery for a full refund. Products must be in original packaging and condition. Custom or personalized items are not returnable.

7.2 Warranty Claims

Our products come with a 2-year limited warranty covering manufacturing defects. Warranty claims must be submitted with proof of purchase. Warranty does not cover damage from misuse, accidents, or normal wear.

7.3 Refund Processing

Refunds are processed within 5-10 business days after we receive and inspect returned items. Original shipping costs are not refundable unless the return is due to our error.

8. User Conduct

You agree not to:

• Use our Services for any illegal or unauthorized purpose
• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our Services
• Impersonate others or provide false information
• Engage in spam or unsolicited communications

9. Intellectual Property

Our Services, including software, applications, content, and trademarks, are owned by Car Momentum UK and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

10. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in the Privacy Policy.

11. Health and Safety Disclaimers

11.1 Not Medical Devices

Our fitness trackers are consumer wellness devices, not medical devices. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

11.2 Accuracy Limitations

While we strive for accuracy, fitness tracking data may not always be completely precise. Factors such as device placement, skin conditions, and movement patterns can affect readings.

11.3 Medical Consultation

Always consult with healthcare professionals before starting any exercise program or making health-related decisions based on device data. If you have any medical concerns, seek appropriate medical attention.

12. Limitation of Liability

To the maximum extent permitted by law, Car Momentum UK shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, incurred by you or any third party, whether in an action in contract or tort, even if we have been advised of the possibility of such damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless Car Momentum UK, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of our Services or violation of these Terms.

14. Third-Party Services

Our Services may integrate with or link to third-party services, websites, or applications. We are not responsible for the content, privacy practices, or terms of service of these third parties. Your use of third-party services is at your own risk.

15. Service Availability

We strive to maintain continuous availability of our Services but cannot guarantee uninterrupted access. We may temporarily suspend or restrict access for maintenance, updates, or other operational reasons.

16. Termination

Either party may terminate your account or access to our Services at any time. We may terminate your access immediately if you violate these Terms. Upon termination, your right to use our Services ceases, but certain provisions of these Terms will survive.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our Services after changes are posted constitutes acceptance of the modified Terms.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Any disputes arising from these Terms or your use of our Services will be subject to the exclusive jurisdiction of the courts of England and Wales.

19. Dispute Resolution

19.1 Initial Resolution

If you have a dispute with us, please first contact our customer service team to attempt resolution. We are committed to working with you to resolve any issues.

19.2 Alternative Dispute Resolution

For disputes that cannot be resolved through customer service, you may be entitled to use alternative dispute resolution services, including mediation or arbitration.

19.3 Consumer Rights

These Terms do not affect your statutory consumer rights under UK law. If you are a consumer, you have rights under the Consumer Rights Act 2015 and other applicable consumer protection laws.

20. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects our intent.

21. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Car Momentum UK regarding your use of our Services and supersede all prior agreements and understandings.

22. Contact Information

If you have any questions about these Terms of Service, please contact us:

23. Effective Date

These Terms of Service are effective as of January 15, 2024, and will remain in effect until modified or terminated in accordance with the provisions herein.