HITIQ PROTEQT Equipment & Services Global Terms of Use
Effective Date: May 1, 2025
Parties:
Provider: HITIQ Limited, Unit 4, 38 White St, South Melbourne, VIC 3205, Australia ("HITIQ").
User: The individual using the PROTEQT Smart Mouthguard, app, or services ("User").
1. Agreement:
1.1 These Terms govern your use of the PROTEQT Smart Mouthguard, mobile app, website (hitiq.com), and related services, including HITIQ Output Data and Content (“Services”). By using the Services, you accept these Terms. If you disagree, do not use the Services. 1.2 HITIQ may amend these Terms, effective upon posting. Continued use constitutes acceptance. Check periodically for updates.
1.3 Additional terms (e.g., HITIQ Returns and Warranty Policy) may apply and prevail if inconsistent.
2. Definitions:
• Account: User-registered account on the Services.
• ACL: Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2).
• Content: Written, visual, or audio content on the Services.
• HITIQ Output Data: Data derived from PROTEQT’s system.
• Licensed Purpose: Monitoring performance for data collection, excluding diagnosis, treatment, or physiological support.
• Personal Information: Identifiable user data.
• Services: PROTEQT mouthguard, app, website, and data outputs.
• Terms: This document.
• User Content: Content posted by users on the Services.
3. Account:
3.1 You must register an Account with accurate information (e.g., name, email, age). You are responsible for maintaining confidentiality and all Account activities.
3.2 Users under 16 (or local minimum age) require verifiable guardian consent. 3.3 HITIQ may suspend or terminate Accounts for breaches or at discretion. You may close your Account if no transactions are pending.
3.4 Data transmission is at your risk; HITIQ takes reasonable steps to secure received data.
4. Access to Services:
4.1 You must be 16 or older (or local minimum age) or have guardian consent.
4.2 Use requires compatible devices, internet, and software, at your cost.
4.3 HITIQ may refuse or modify access criteria.
5. Use of Services:
5.1 HITIQ grants a non-exclusive, non-transferable, revocable license for personal, non-commercial use of the Services, Content, and HITIQ Output Data, per the Licensed Purpose.
5.2 The User must:
(a) use the PROTEQT Smart Mouthguard and app only for the Licensed Purpose; (b) keep equipment in good condition and follow HITIQ’s instructions;
(c) not sell, modify, or misuse the equipment;
(d) not use for diagnosis, prevention, monitoring, treatment, or alleviation of disease or injury, or physiological support.
5.3 Prohibited actions include:
(a) circumventing usage restrictions;
(b) reverse engineering or copying Services;
(c) distributing Content/HITIQ Output Data without consent;
(d) violating laws or third-party rights.
5.4 Services may be unavailable during maintenance or updates.
6. User Release and Acknowledgment:
By checking below, the User (or guardian, if under 18) agrees:
✅ PROTEQT Purpose: The PROTEQT Smart Mouthguard and app are information tools for monitoring, data collection, and testing, not medical or diagnostic devices. I will consult a healthcare professional for diagnosis or treatment.
✅ Assumption of Risk and Release: Sports involve risks (e.g., concussions), which I assume. To the fullest extent permitted by law, I waive claims against:
1. HITIQ Limited
2. Shock Doctor
3. Stang
and their affiliates for injuries, damages, or losses from PROTEQT use, except for HITIQ’s gross negligence, willful misconduct, or non-excludable rights (e.g., Australian Consumer Law, EU consumer protections, U.S. consumer laws). This does not affect statutory rights for defective products (see HITIQ Warranty Policy).
✅ Guardian Consent (if applicable): If for a minor, I am the parent/guardian and agree.
These apply globally, subject to local laws.
7. Privacy:
HITIQ collects Personal Information per our Privacy Policy (hitiq.com/privacy). Contact support@hitiq.com with concerns.
8. Warranties:
8.1 Services are provided “as is,” with no implied warranties, except non-excludable rights under ACL or applicable laws.
8.2 You are entitled to remedies for major failures (e.g., replacement, refund) per ACL and HITIQ Returns and Warranty Policy.
9. User Content:
9.1 You are responsible for User Content’s legality and appropriateness.
9.2 By posting, you grant HITIQ a right to use, modify, and distribute it.
9.3 User Content must not be obscene, defamatory, or illegal. HITIQ may remove non-compliant content.
10. Disclaimers:
10.1 Services are used at your risk, with no warranty of outcomes or head injury detection. 10.2 HITIQ Output Data and Content are provided “as is,” without guaranteed accuracy. 10.3 HITIQ is not a medical organization and provides no medical advice. Services are for informational purposes only.
11. Liability:
11.1 HITIQ’s liability is limited to the purchase price, excluding indirect or consequential losses, except where non-excludable by law.
11.2 HITIQ is not liable for injuries from sports risks or reliance on HITIQ Output Data, except where non-excludable.
12. Indemnity:
Users indemnify HITIQ, Shock Doctor, Stang, and affiliates against losses from T&Cs breaches, misuse of PROTEQT as a medical device, or third-party rights violations, except for HITIQ’s negligence.
13. Third-Party Material:
HITIQ is not liable for third-party websites or materials linked via the Services.
14. Intellectual Property:
Services, HITIQ Output Data, and Content are owned by HITIQ or licensors. No copying without consent.
15. Termination:
HITIQ may terminate Accounts for breaches or at discretion, with pro-rata refunds for prepaid fees if not in breach. Surviving clauses include 6-15.
16. General:
16.1 These Terms are governed by the laws of Victoria, Australia, except where non-excludable local laws apply (e.g., Australian Consumer Law, EU consumer protections, U.S. consumer laws). Users must comply with applicable local laws.
16.2 Unenforceable terms are severed without affecting others.
Last Updated: May 2025
