Terms of service

BACKAWARE BELT LIMITED

Effective Date: 13 May 2026

Last Updated: 13 May 2026

IMPORTANT NOTICE: This Agreement contains a mandatory arbitration provision (Section 23) and a waiver of class action rights. By using the Service, you agree to resolve disputes individually through arbitration rather than through court proceedings or class actions. Please read Section 23 carefully before using the Service.

1. Introduction and Acceptance of Terms

Please read these Terms of Service (this "Agreement") carefully. Your use of the Service (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and BackAware Belt Limited, a company incorporated in Ireland with its registered address at Gurteen Springmount, Waterford Road, Kilkenny, R95 XP63, Ireland ("BackAware", "we", "us", or "our"), concerning your use of (including any access to) the online services that BackAware makes available, including through the wearable exercise equipment it makes available, any mobile application(s) (the "App"), website (www.backawarebelt.com), and any related content, software, cloud services, and successor services (collectively, the "Service").

By using the Service, you affirm that you are of legal age to enter into this Agreement, or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.

If you are accessing or using the Service on behalf of a corporation, partnership or other entity (an "Organisation"), you are agreeing to this Agreement on behalf of yourself and such Organisation, and you represent and warrant that you have the legal authority to bind such Organisation to this Agreement.

2. Changes to This Agreement

We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement. Your use of the Service following any changes will constitute your acceptance of such changes. The "Last Updated" date above indicates when this Agreement was last changed.

We may, at any time and without liability, modify or discontinue all or part of the Service; charge, modify or waive any fees required to use any part of the Service; or offer opportunities to some or all Service users.

3. Privacy and Data Protection

Your submission of information through the Service is governed by BackAware's Privacy Policy, available at www.backawarebelt.com/policies/privacy-policy (the "Privacy Policy"), which is incorporated into this Agreement by reference.

BackAware Belt Limited is committed to compliance with the General Data Protection Regulation (GDPR) (EU) 2016/679 and the Data Protection Acts 1988-2018 (Ireland). As a European resident, you have the right to access, correct, update, or delete the personal information we hold about you. To exercise these rights, please contact us at backawarebelt@gmail.com.

You represent and warrant that any information you provide in connection with the Service is and will remain accurate and complete, and that you will maintain and update such information as needed.

4. Jurisdictional Issues

The Service is controlled and operated from Ireland. The Service may not be appropriate or available for use in some jurisdictions outside of Ireland and the European Union. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service's availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.

5. Medical Disclaimer and Fitness-Related Content

IMPORTANT: THE BACKAWARE BELT AND ITS ASSOCIATED SERVICES ARE NOT MEDICAL DEVICES AND DO NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

The content and other material and services available through the Service may include instructional videos, exercise routines, exercise records, and other media. You acknowledge and agree that:

BackAware is not a healthcare provider or fitness instructor
The Service (including any recommendations or personalised information) may not be appropriate for you and does not constitute or replace medical advice
BackAware is not responsible for any results that may or may not be obtained from use of the Service
It is your sole responsibility to consult with your personal physician or chartered physiotherapist regarding any medical condition, impairment, or disability that may prevent or limit your ability to use the Service
You are solely responsible for using the Service in accordance with your personal physician's advice

If you experience pain, discomfort, dizziness, or any other adverse symptoms while using the BackAware Belt, discontinue use immediately and consult a healthcare professional.

Individuals under 15 years old are not permitted to use or access the Service. Minors who are at least 15 years old may use the Service with parent/guardian consent, provided the parent/guardian is present at all times during use.

6. Family Content

You may permit individuals under the age of 18 to use family content only if you remain present and supervise the minor at all times during use of the family content. You are fully responsible for the minor's safe use of family content.

7. Assumption of Risk and Waiver

You understand that by using the Service, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, including risks that arise from performing physical activity and/or using the equipment on which the Service is available. You understand that injuries or damage could occur by natural causes or activities of other persons, including third-party fitness instructors and other exercise participants, whether as a result of negligence or otherwise.

To the fullest extent permitted by applicable Irish and EU law, you voluntarily assume all risk of loss, damage, and injury to person or property that may arise from, or that is related to, your use of the Service, whether such risk is known or unknown to you.

You hereby waive and release BackAware and the Affiliated Entities (as defined below), to the maximum extent permitted by applicable law, from any claim, action, suit, or demand arising out of or in connection with the use of the Services (including with respect to any physical injury). You agree that this release is binding upon you and your heirs, executors, administrators, successors, and assigns.

Nothing in this section shall limit or exclude BackAware's liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable Irish law, including under the Sale of Goods and Supply of Services Act 1980 or the Consumer Rights Act 2022 (Ireland).

8. Rules of Conduct

In connection with the Service, you must not:

Post, transmit or otherwise make available through the Service any materials that are threatening, harassing, degrading, hateful, defamatory, fraudulent, obscene, or that infringe any third party's intellectual property or other proprietary rights
Post, transmit or otherwise make available any virus, worm, Trojan horse, spyware or other harmful computer code or program
Use the Service for any commercial purpose, or for any purpose that is fraudulent or otherwise unlawful
Harvest or collect information about users of the Service
Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available
Restrict or inhibit any other person from using the Service with their own BackAware device
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, distribute or otherwise exploit any portion of the Service without BackAware's express prior written consent
Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is prohibited by applicable law
Remove any copyright, trademark or other proprietary rights notice from the Service
Frame or mirror any portion of the Service without BackAware's express prior written consent
Use any robot, spider, or other automatic device to retrieve, index, scrape, or data mine Service content without BackAware's express prior written consent

You are responsible for obtaining, maintaining and paying for all hardware and telecommunications services needed to use the Service.

9. Products

The Service may make available listings, descriptions and images of goods or services (collectively, "Products"). Such Products may be made available by BackAware or by third parties. The availability of any listing, description, or image of a Product does not imply our endorsement of such Product or affiliation with the provider. We make no representations as to the completeness, accuracy, reliability, or timeliness of such listings, descriptions, or images. Information and availability of any Product are subject to change at any time without notice.

It is your responsibility to ascertain and comply with all applicable local, national, and European laws regarding the purchase, possession, and use of any Product.

10. Transactions

We may make available the ability to purchase or otherwise obtain certain Products through the Service (a "Transaction"). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your payment card details and billing and shipping information. You represent and warrant that you have the right to use any payment card submitted in connection with a Transaction.

BackAware reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honouring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product.

Refunds and exchanges will be subject to BackAware's applicable refund and exchange policies, including your statutory rights under the Consumer Rights Act 2022 (Ireland) and EU consumer protection legislation. Products will be shipped to an address designated by you, subject to applicable shipping restrictions. Risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

11. Memberships

Certain features, content, functionalities, and other aspects of the Services may be available only through a membership programme (the "Membership Programme") for users with a valid membership. The Membership Fee is the amount currently identified at www.backawarebelt.com, plus any applicable taxes.

An initial Membership Programme term of at least 6 months is required with each purchase of a BackAware device. The Membership Fee is payable on a monthly basis. After the initial 6-month term, each membership will renew automatically on a monthly basis, unless you cancel your membership at least one and no more than 30 days before any such renewal date.

If you wish to cancel your membership, please contact our Customer Care team at backawarebelt@gmail.com at least one and no more than 30 days prior to your desired last day of service. If you cancel your membership, your membership will continue until the end of your then-current billing cycle.

Each membership is associated only with a single household and cannot be used to enable benefits on any BackAware device outside of your household. A membership may permit the member to create and manage additional user accounts solely for family members and personal guests of the member ("Additional Users"). Each Additional User must accept the terms of this Agreement prior to using the Service.

BackAware reserves the right, in its sole and absolute discretion, to exclude any individual from the Membership Programme or to terminate any membership for any reason, including abuse of the Membership Programme, failure to comply with this Agreement, or fraud.

Please note that your statutory rights as a consumer under Irish and EU law are not affected by this Agreement, including your rights under the Consumer Rights Act 2022 (Ireland) and EU Directive 2019/771 on the sale of goods.

12. Registration; User Names and Passwords

You may need to register to use all or part of the Service. We may reject, or require that you change, any user name, password, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential. You are responsible for any use or misuse of your user name or password and must promptly notify us of any confidentiality breach or unauthorised use at backawarebelt@gmail.com.

You are solely responsible for all use of the Service by any Additional Users and any other users who access the Service through you or your BackAware device.

13. Profiles and Forums

Service users may make available certain materials (each, a "Submission") through or in connection with the Service, including on profile pages, message boards, competition leaderboards, and other forums. BackAware has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or other information publicly available through the Service, you do so at your own risk.

14. Licence Grant for Submissions

For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable licence to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyse and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

If you provide to us any ideas, proposals, suggestions or other materials ("Feedback"), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you acknowledge and agree that such Feedback is not confidential and that your provision of such Feedback is gratuitous and without restriction.

You represent and warrant that you have all rights necessary to grant the licences granted in this section, and that your Submissions are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party.

15. Monitoring

We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Service, or analyse your access to or use of the Service. Subject to our Privacy Policy and applicable data protection law, we may disclose information regarding your access to and use of the Service to anyone for any reason or purpose permitted by applicable law.

16. Your Limited Rights

The Service is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by BackAware to use the Service, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to: (a) use the Service (excluding the App) on BackAware-branded equipment, solely for your personal, non-commercial use; and (b) install and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Service and uninstall and delete the App from your mobile device.

17. BackAware's Proprietary Rights

We and our suppliers own the Service, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include BACKAWARE, BackAware Belt, Sports Pilates, and any associated logos. All trade names, trademarks, service marks and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.

18. Third Party Materials and Links

Certain Service functionality may make available access to information, products, services and other materials made available by third parties ("Third Party Materials"), or allow for the routing or transmission of such Third Party Materials, including via links. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials.

19. Promotions

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

20. Disclaimer of Warranties

To the fullest extent permitted under applicable Irish and EU law: (a) the Service and any Products and Third Party Materials are made available to you on an "As Is," "Where Is," and "Where Available" basis, without any warranties of any kind, whether express, implied or statutory; and (b) BackAware disclaims all warranties with respect to the Service and any Products and Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title, unless expressly noted in the BackAware Limited Warranty.

Nothing in this section affects your statutory rights as a consumer under Irish and EU law, including under the Consumer Rights Act 2022 (Ireland) and EU Directive 2019/771.

While we try to maintain the timeliness, integrity, and security of the Service, we do not guarantee that the Service is or will remain updated, complete, correct or secure, or that access to the Service will be uninterrupted. If you become aware of any unauthorised alteration to the Service, contact us at backawarebelt@gmail.com.

21. Limitation of Liability

To the fullest extent permitted under applicable Irish and EU law:

BackAware will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, tort (including negligence), strict liability, or other theory, including damages for loss of profits, use or data, or loss of other intangibles, even if advised in advance of the possibility of such damages or losses
BackAware will not be liable for damages of any kind resulting from your use of or inability to use the Service or from any Products or Third Party Materials
The maximum aggregate liability of BackAware for all damages, losses, and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of: (a) the total amount paid by you to BackAware in the 12 months preceding the date of the applicable claim; or (b) EUR 10

Nothing in this Agreement shall limit or exclude BackAware's liability for: (a) death or personal injury caused by BackAware's negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable Irish law, including under the Consumer Rights Act 2022 (Ireland).

22. Indemnity

To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless BackAware and its affiliates, directors, officers, employees, agents, representatives, licensors, suppliers and service providers (collectively, the "Affiliated Entities"), and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including solicitors' fees) arising out of or relating to: (a) any use of, or activities in connection with, the Service by you, your Additional Users, and/or any other person who uses the Service through you or your BackAware device; and (b) any violation or alleged violation of this Agreement by you.

23. Dispute Resolution, Arbitration, and Waiver of Class Action

23.1 Governing Law

This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. Your statutory rights as a consumer under Irish and EU law are not affected.

23.2 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the Service ("Dispute"), you agree to first contact BackAware at backawarebelt@gmail.com and attempt to resolve the Dispute informally. We will make reasonable efforts to resolve the Dispute within 30 days of receiving written notice from you.

23.3 Binding Arbitration

If a Dispute cannot be resolved informally within 30 days, you and BackAware agree that the Dispute shall be finally resolved by binding arbitration administered in accordance with the Arbitration Act 2010 (Ireland). The arbitration shall be conducted in Kilkenny, Ireland, in the English language, before a single arbitrator mutually agreed upon by the parties, or if no agreement is reached within 14 days, appointed by the Irish courts.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The costs of arbitration shall be borne as determined by the arbitrator. The arbitrator will have authority to award temporary, interim or permanent relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.

You may opt out of this agreement to arbitrate by emailing backawarebelt@gmail.com with your first name, last name, and address within thirty (30) days of first accepting this Agreement, with a statement that you decline this arbitration agreement.

Nothing in this section prevents you from bringing a Dispute to the attention of relevant Irish or EU regulatory authorities, including the Competition and Consumer Protection Commission (CCPC) or the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

23.4 WAIVER OF CLASS ACTION AND COLLECTIVE PROCEEDINGS

YOU AND BACKAWARE EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, REPRESENTATIVE ACTION, OR ANY OTHER CONSOLIDATED PROCEEDING OF ANY KIND. ALL DISPUTES MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU ALSO WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE.

If this class action waiver is found to be unenforceable for any reason under applicable law, then the agreement to arbitrate in Section 23.3 shall be null and void with respect to that Dispute only, and that Dispute shall be resolved exclusively in the courts of Ireland.

23.5 Small Claims

Notwithstanding the foregoing, either party may bring an individual action in a court of competent jurisdiction in Ireland for claims that qualify for small claims proceedings.

24. Termination

This Agreement is effective until terminated. BackAware may terminate or suspend your use of the Service at any time and without prior notice, for any or no reason, including if BackAware believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Service will immediately cease, and BackAware may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials.

Sections 2, 3, 7, 13-17, 20-23, and 25-27 shall survive any expiration or termination of this Agreement.

25. Copyright Infringement Claims

If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may send BackAware a written notice requesting that BackAware remove such material or block access to it. Notices must be sent in writing to BackAware's Copyright Agent as follows:

By post: BackAware Copyright Agent, Gurteen Springmount, Waterford Road, Kilkenny, R95 XP63, Ireland

By email: backawarebelt@gmail.com

Phone: +353 85 220 7889

Copyright infringement claims and counter-notices should comply with the requirements of the Copyright and Related Rights Act 2000 (Ireland) and, where applicable, EU Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. We suggest that you consult your legal adviser before filing any such notice.

26. Filtering

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. BackAware does not endorse any particular parental control product or service.

27. Apple-Specific Terms

The following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App.

Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to BackAware in accordance with the Information and Complaints section below. The licence granted herein is limited to a non-transferable licence to use the App on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple's App Store Terms of Service. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of this Agreement, will have the right to enforce this Agreement against you as a third-party beneficiary thereof.

28. Miscellaneous

Entire Agreement: This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and BackAware relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and BackAware relating to such subject matter.
Severability: If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
No Partnership: This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and BackAware.
No Waiver: No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default.
Assignment: You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction.
Force Majeure: BackAware will not be responsible for any failure to fulfil any obligation due to any cause beyond its reasonable control.
Language: This Agreement is drafted in the English language. In the event of any conflict between an English version and any translation, the English version shall prevail.
Consumer Rights: Nothing in this Agreement is intended to, nor shall it, affect your statutory rights as a consumer under applicable Irish and EU law.

29. Information and Contact

If you have a question, complaint, or require further information regarding the Service or this Agreement, please contact us:

BackAware Belt Limited

Gurteen Springmount, Waterford Road

Kilkenny, R95 XP63, Ireland

Email: backawarebelt@gmail.com