Please read these Terms of Service carefully before using the PERSISTANCE HEALTH platform, application, or website (collectively, the "Service") operated by PERSISTANCE Health ("us", "we", or "our"). The Service is currently offered as a beta product for the esports, sim-racing, and motorsport community. By accessing or using the Service, you agree to be bound by these terms.
1. Acceptance of Terms
By accessing and using our Service, you accept and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our Service.
2. Description of Service
PERSISTANCE Health provides an injury-prevention and performance platform designed for esports players, sim-racing drivers, and real-world motorsport drivers. Our Service includes:
- Video-based Range of Motion (ROM) movement screening
- A library of guided exercises and personalised recovery routines
- A performance dashboard displaying the results of your screenings and exercise activity
- Eye and visual reaction time tracking
- Community features via Discord
PERSISTANCE Health is currently provided as a beta product. Features, screening methods, scoring, and analysis tools are under active development and may be changed, added to, or removed at any time.
3. Beta Status and Accuracy Disclaimer
The Service, including the ROM video screening and the performance dashboard, is in active beta development. The measurements, scores, and analysis shown in your dashboard are based on screening methods that are still being refined and may not yet be fully accurate or precise.
You acknowledge that the Service's outputs are provided "as is" and "as available" during this beta phase, and that you should not treat any screening result, dashboard metric, or reaction time score as a precise, validated, or definitive measurement. Because the Service is evolving, these Terms may be updated more frequently than is typical for a non-beta product; see Section 12 (Changes to Terms).
4. No Medical Advice; Not a Healthcare Service
PERSISTANCE Health is not a healthcare provider, medical practice, or healthcare service. Nothing in the Service constitutes medical advice, diagnosis, or treatment, and no part of the Service should be relied upon as such.
The ROM screening, exercise library, reaction time tracking, and dashboard are provided solely for general wellness, training, and performance purposes. They are not intended to diagnose, treat, cure, or prevent any injury, illness, or medical condition. Always consult a qualified physician, physiotherapist, or other healthcare professional before beginning any exercise programme, or if you have any concerns about your health, fitness, or range of motion.
No tool or feature offered through the Service is a medical device.
5. User Accounts
To access certain features of our Service, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must be at least 13 years of age to create an account.
6. Data Collection, Movement Data, and De-Identification
Your use of the Service is subject to our Privacy Policy. We do not sell your personal data to third parties.
Video data. Video captured for ROM screening is processed to generate a skeletal map of your body's range of motion and is not stored on our servers without your explicit consent.
Movement and biometric-type data. The skeletal mapping, range-of-motion measurements, and reaction-time data generated by the Service may be treated as biometric or otherwise sensitive personal data under the laws of your location (for example, under the EU/UK GDPR, the California Consumer Privacy Act, or similar state laws). We apply the same level of care to this data regardless of whether your local law strictly classifies it that way.
What "de-identified" means here. Where we describe data as "de-identified" or "anonymised" in these Terms, we mean that we apply technical and organisational measures designed to prevent the data from being readily linked back to your name or account. Movement-based data such as body proportions or movement patterns can, in some circumstances, still be distinguishing even without a name attached, so we do not claim that any retained dataset is anonymous in an absolute, irreversible sense — only that it is de-identified to a degree designed to materially reduce that risk.
Retention. We retain skeletal mapping and movement data only for as long as needed to operate the Service or to fulfil a purpose you have consented to (including model training, described in Section 7). We will delete or further de-identify this data when it is no longer needed, or sooner upon your request, as described in our Privacy Policy.
7. Future Model Training and Your Consent
We may, in the future, use de-identified skeletal and range-of-motion data — never the underlying video — to train and improve our screening and analysis methods.
Before we use your data for this purpose, we will ask for your separate, explicit, opt-in consent. This consent is not bundled into your general acceptance of these Terms, and you do not need to give it to use the core features of the Service. You may withdraw your training consent at any time through your account settings or by contacting us at the email in Section 13. Withdrawing stops future use of your data for training, but does not remove your data's contribution to any model version that was already trained before you withdrew.
8. Your Privacy Rights
Depending on where you live, you may have additional rights over your data, including rights available under the EU/UK GDPR, the California Consumer Privacy Act (as amended by the CPRA), and other applicable state or national privacy and biometric data laws. These may include the right to access, correct, delete, or limit the use of your data, and the right to know what categories of data we collect and why. Full details are set out in our Privacy Policy. To exercise these rights, contact us using the details in Section 13.
9. Intellectual Property
All content, features, and functionality of the Service — including but not limited to text, graphics, logos, and software — are owned by PERSISTANCE Health and are protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.
10. Prohibited Conduct
You agree not to:
- Use the Service for any unlawful purpose
- Attempt to gain unauthorised access to any part of the Service
- Transmit any harmful, offensive, or disruptive content
- Interfere with the integrity or performance of the Service
- Resell or commercially exploit the Service without authorisation
11. Limitation of Liability
To the fullest extent permitted by law, PERSISTANCE Health shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of, or inability to use, the Service, even if we have been advised of the possibility of such damages.
Without limiting the foregoing, because the Service is currently in beta, PERSISTANCE Health is not liable for any decision made in reliance on the accuracy, completeness, or precision of any ROM screening result, dashboard analysis, exercise recommendation, or reaction time measurement.
12. Changes to Terms
We reserve the right to modify these Terms at any time. As the Service is currently in beta, we may update these Terms more frequently than is typical as we develop and refine our features. We will notify users of significant changes via email or through the Service. Continued use of the Service after changes constitutes acceptance of the revised Terms.
13. Contact
If you have any questions about these Terms, please contact us at contact@persistancehealth.com.