Terms of Service

1. Who we are

PotsTrack ("the App") and this website ("the Site") are published, owned and operated by Kane Rigby, an individual based in Manchester, England, United Kingdom. References to "we", "us" or "our" in these Terms mean Kane Rigby. References to "you" mean the person using the App or the Site.

You can reach us at hello@potstrack.com.

2. Acceptance of these Terms

By downloading, installing, accessing or using the App or the Site you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the App or the Site.

3. The App is not medical advice or a medical device

PotsTrack is designed to help you record what you experience — symptoms, heart-rate readings you have taken yourself, medications you choose to log, and the results of a self-administered NASA Lean Test. That is all it does.

You acknowledge and agree that:

• The App is not a medical device within the meaning of the UK Medical Devices Regulations 2002, the EU Medical Device Regulation (EU) 2017/745, the US Food, Drug, and Cosmetic Act, or any equivalent legislation. It has not been registered, certified, cleared or approved by the Medicines and Healthcare products Regulatory Agency (MHRA), the FDA, or any other regulator.
• The App does not diagnose, treat, monitor, predict, prevent or cure any disease, condition or symptom, including but not limited to Postural Orthostatic Tachycardia Syndrome (POTS), dysautonomia, hEDS, MCAS, Long COVID, or any cardiovascular, neurological or autoimmune condition.
• The App does not provide medical advice, clinical opinion or any form of professional health recommendation. Any text, threshold, calculation or visualisation shown is reference information only.
• The results of any self-administered standing test recorded in the App are a record of what you measured at home. They are not a clinical assessment and must not be relied upon as one.
• You must not make any decision to start, stop, change or avoid any medical treatment, medication or therapy on the basis of anything in the App. Always consult a qualified healthcare professional who knows your medical history.

4. Age and eligibility

You must be at least 16 years old to use PotsTrack. If you are under 16 you may use the App only with the active involvement and consent of a parent or legal guardian, and you should only do so alongside a clinician who knows you. By agreeing to these Terms you confirm that you meet this requirement.

We do not knowingly collect data from children under the age of digital consent (13 in the UK for general services; 16 for our intended audience). If you believe a child has provided us with personal data, please contact us so we can delete it.

5. Your data and your account

PotsTrack is designed to be used without creating an account in any traditional sense. The App stores your diary on your own device in an encrypted database. If you choose to enable cloud backup, your data is encrypted on your device before it is uploaded, and the cloud provider only receives opaque ciphertext.

You are responsible for the security of the device you install the App on, for any backups you take, and for any passcode, fingerprint or face-unlock you have configured. We do not have, and cannot recover, your encryption keys.

6. Acceptable use

You agree that you will not:

• Use the App or the Site for any unlawful, fraudulent or harmful purpose.
• Use the App to make or attempt to make clinical decisions for anyone other than yourself, or to provide health services to other people.
• Attempt to reverse-engineer, decompile, tamper with, or extract source code from the App, except to the extent that applicable law expressly permits this.
• Attempt to access, probe, scan or disrupt the Site or any infrastructure used to host backups (including by automated scraping or load testing).
• Misrepresent the App or its outputs to others — for example, by presenting a self-recorded standing-test result as a clinical diagnosis.
• Use the App in any way that breaches applicable laws, including data-protection and medical-device legislation.

7. Intellectual property

The App, the Site and all associated materials — including source code, designs, copy, logos and the PotsTrack name — are owned by Kane Rigbyand are protected by copyright and other intellectual-property laws. Nothing in these Terms transfers ownership of any intellectual property to you.

You are granted a personal, revocable, non-exclusive, non-transferable licence to install and use the App on a device you own or control, solely for your own personal use, in accordance with these Terms.

You retain ownership of the symptom data you log. By using the App you grant us a limited licence to store and process that data on your device, and (if you opt in) to store the encrypted form of it in our backup storage, solely to provide the App to you.

8. No warranties

To the maximum extent permitted by law, the App and the Site are provided "as is" and "as available". We make no representations or warranties of any kind, whether express, implied or statutory, including without limitation any warranties of:

• merchantability, satisfactory quality or fitness for any particular purpose;
• accuracy, reliability, completeness or timeliness of any information shown;
• uninterrupted, secure or error-free operation;
• that the App will meet your specific clinical or non-clinical needs;
• that any threshold, calculation or insight in the App is suitable for you personally or for any other individual.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions above apply to the maximum extent permitted by applicable law and nothing in these Terms affects your statutory rights as a consumer.

9. Limitation of liability

To the maximum extent permitted by applicable law, we (including our successors, assigns, contractors and licensors) will not be liable to you for:

• any loss of life, personal injury, illness, deterioration of health or worsening of any medical condition, however caused;
• any decision you make, or do not make, about your health, medical treatment, medication, lifestyle or activity, based on anything shown in or generated by the App;
• any inaccuracy, omission, miscalculation or misinterpretation in the App or in any output of the App (including PDF exports);
• any loss of, corruption of, or inability to access, your diary data, whether stored locally or in a backup;
• any indirect, incidental, special, consequential, exemplary or punitive loss or damage, including loss of profits, loss of business, loss of opportunity, loss of goodwill, or loss of data, even if we have been advised of the possibility of such loss.

Where our liability cannot lawfully be excluded, our total aggregate liability to you arising out of or in connection with the App, the Site and these Terms — whether in contract, tort (including negligence), under statute or otherwise — is limited to the greater of:

• £100 (one hundred pounds sterling); and
• the total amount, if any, that you have paid to us for the App in the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability which cannot be limited or excluded by law.

10. Your indemnity to us

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Kane Rigby and our affiliates from and against any claim, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or in connection with: (a) your use or misuse of the App or the Site; (b) any breach by you of these Terms; (c) any decision you make about your health based on the App; or (d) any third-party claim that arises from your acts or omissions while using the App.

11. Changes to the App and to these Terms

We may change the App at any time — adding, removing or altering features — without prior notice. We may also update these Terms from time to time. When we do, we will update the "Version" and "Effective" date at the top of this page. Where the changes are material, we will use a reasonable means to bring them to your attention, for example via an in-app notice or a banner on the Site. Continuing to use the App or the Site after a change takes effect means you accept the updated Terms.

12. Suspension and termination

You can stop using the App at any time by deleting it from your device. We may suspend or terminate your access to the App or the Site at any time, with or without notice, if we reasonably believe you have breached these Terms or if we discontinue the App. On termination, the licence granted to you in section 7 ends, but the sections of these Terms that by their nature should survive (including sections 8, 9, 10, and 14) will remain in force.

13. Third-party services

The App and the Site may integrate with third-party services (including hosting, backup and analytics infrastructure). Those services have their own terms and privacy practices, and we are not responsible for them. The current set of sub-processors used by PotsTrack is described in our Privacy Policy.

14. Governing law and disputes

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), are governed by and construed in accordance with the law of England and Wales. You and we agree that the courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim, except that, where you are a consumer and the mandatory consumer-protection law of your country of residence gives you a right to bring proceedings in your local courts, that right is preserved.

15. General

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force. Our failure to enforce any right under these Terms is not a waiver of that right. You may not transfer or assign any of your rights or obligations under these Terms without our prior written consent. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the App and the Site, and supersede any prior agreement between us in relation to that subject matter.

16. Contact

Questions about these Terms? Email hello@potstrack.com.