App: Video Gait Analysis Developer: Nigelware Effective Date: January 15, 2025 Last Updated: January 15, 2025
These Terms of Service ("Terms") govern your use of the Video Gait Analysis mobile application ("App") operated by Nigelware ("we," "our," or "us").
Acceptance of Terms
By downloading, installing, or using the Video Gait Analysis app, you agree to be bound by these Terms. If you do not agree, do not use the App.
About Nigelware
Nigelware develops mobile applications for the running industry. Video Gait Analysis is a simple video recording tool designed to help running specialty retailers record and review running gait videos.
License to Use
We grant you a limited, non-exclusive, non-transferable license to use the Video Gait Analysis app for personal or commercial purposes in accordance with these Terms and Apple's Licensed Application End User License Agreement.
Permitted Uses
You may use Video Gait Analysis to:
Record videos of individuals running for visual review
Play back and review recorded videos on your device
Manage and organize videos stored on your device
Delete videos you no longer need
Share videos with others if you choose (using your device's sharing features)
Prohibited Uses
You may not:
Use the App for any illegal or unauthorized purpose
Record individuals without their explicit consent
Use the App to provide medical diagnoses or treatment recommendations
Attempt to reverse engineer, modify, or distribute the App
Interfere with the App's functionality, security, or integrity
Record content that is harmful, offensive, or violates others' rights
Violate any applicable privacy laws or regulations
User Responsibilities
You must:
Obtain informed consent from individuals before recording them
Comply with all applicable privacy laws and regulations (including GDPR, CCPA, and local laws)
Implement appropriate security measures on your device to protect recorded videos
Delete videos upon request from recorded individuals
Inform recorded individuals about video collection and retention
Not make medical claims or diagnoses based on videos
Your Content and Data Ownership
You retain ownership of all videos recorded using the App
Individuals recorded in videos retain their privacy rights
We do not have access to, process, or claim ownership of your videos
You are responsible for backing up your videos; we are not liable for data loss
App Availability and Updates
The App is provided "as is" and we do not guarantee uninterrupted availability
We may update, modify, or discontinue features at any time
App functionality depends on iOS compatibility and device capabilities
We reserve the right to release new versions and deprecate older versions
Medical Disclaimer
IMPORTANT: Video Gait Analysis is a video recording tool, not a medical device:
The App is a simple video recording and playback tool for visual review only
It is not a medical device and should not be used for medical diagnosis or treatment
Do not make medical claims or diagnose medical conditions based on videos
Individuals with injuries, pain, or medical concerns should consult qualified healthcare professionals
The App provides no analysis, assessments, or recommendations
Intellectual Property
The Video Gait Analysis app, including its design and features, is owned by Nigelware
You may not copy, reproduce, reverse engineer, or distribute any part of the app
Our trademarks and logos may not be used without written consent
Fees and Payment
The App may be offered as a one-time purchase, subscription, or free trial
Pricing is determined by Apple's App Store and subject to change
Subscriptions automatically renew unless cancelled at least 24 hours before renewal
Refunds are handled according to Apple's App Store refund policies
We reserve the right to modify pricing with notice to existing users
Limitation of Liability
To the maximum extent permitted by law:
We are not liable for any indirect, incidental, consequential, or punitive damages arising from app use
Our total liability shall not exceed the amount you paid for the App in the past 12 months
We do not warrant that the App will be error-free, secure, or meet all your requirements
We are not responsible for data loss, unauthorized access, or security breaches of your device
We are not liable for your non-compliance with privacy laws or improper use of recorded videos
Indemnification
You agree to indemnify and hold harmless Nigelware from any claims, damages, or expenses arising from:
Violation of these Terms or applicable laws
Improper recording, use, or storage of videos
Failure to obtain proper consent from recorded individuals
Medical claims or diagnoses made based on videos
Unauthorized use or distribution of the App
Apple-Specific Terms
Apple Inc. is not responsible for the App or any claims related to it
In case of App failure to conform to warranty, contact Nigelware, not Apple
Apple has no obligation to provide support or maintenance for the App
Apple is not responsible for product liability claims related to the App
Apple is a third-party beneficiary of these Terms regarding your use of the App
These Terms are between you and Nigelware, not Apple
Termination
We may terminate your access to the App for violation of these Terms
You may stop using the App at any time by deleting it from your device
Upon termination, all licenses granted to you will cease immediately
You remain responsible for any videos stored locally and must continue to comply with applicable privacy laws
Sections regarding liability, indemnification, and intellectual property survive termination
Updates and Modifications to Terms
We reserve the right to modify these Terms at any time
Material changes will be communicated through the app, email, or our website
Continued use of the App after changes constitutes acceptance of new Terms
The current version will always be available at this URL
For significant changes, we may require explicit acceptance before continued use
Governing Law and Jurisdiction
These Terms are governed by the laws of California, United States, without regard to conflict of law principles. Any disputes will be resolved in the courts of California. Both parties consent to the exclusive jurisdiction and venue of such courts.
Dispute Resolution
Before filing any legal claim, parties agree to attempt good-faith negotiation for 30 days
Either party may pursue resolution through small claims court for qualifying disputes
Each party bears its own legal costs unless otherwise awarded by a court
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nigelware regarding use of the App and supersede all prior agreements and understandings.
Contact Information
For questions about these Terms or the Video Gait Analysis app: