TERMS OF USE

1. Acceptance of These Terms

By accessing or using the Diamond Performance Lab website (the “Site”), you agree to these Terms of Use. If you do not agree to these Terms, please do not use the Site.

“DPL,” “Diamond Performance Lab,” “we,” “us,” and “our” refer to Diamond Performance Lab and its applicable operators and affiliates.

2. Purpose of This Website

The Site provides information about Diamond Performance Lab, our human performance intelligence approach, our programs, technology relationships, market applications, and ways to contact or engage with our team.

Information presented on the Site is provided for general informational and business purposes. Descriptions of capabilities, programs, examples, concepts, dashboards, workflows, or potential applications may evolve as our services and technology develop.

3. Human Performance Information Is Not Medical Advice

Unless expressly stated otherwise in a separate written agreement, the Site and DPL services are not intended to diagnose, treat, cure, or prevent any disease, injury, or medical condition. Movement scores, trends, alerts, observations, recommendations, illustrative dashboards, or other performance information should not be interpreted as a prediction that a particular medical event, injury, or fall will or will not occur.

Individuals should consult an appropriately qualified healthcare professional regarding medical concerns, symptoms, diagnoses, treatment decisions, or whether participation in a physical activity or assessment is appropriate for them.

4. Programs and Services

Specific DPL engagements, pilots, subscriptions, assessments, reports, integrations, professional services, or other paid offerings may be governed by a proposal, statement of work, order form, service agreement, pilot agreement, or other written contract.

If a separate written agreement between you and DPL conflicts with these website Terms regarding a purchased service, the applicable written agreement will control for that service.

We may modify, improve, suspend, replace, or discontinue Site features, descriptions, or offerings at any time.

5. Acceptable Use

You agree not to misuse the Site. Among other things, you may not:

• use the Site for unlawful, fraudulent, harmful, or abusive purposes;
• attempt to gain unauthorized access to the Site, systems, accounts, data, or infrastructure;
• interfere with the operation, security, availability, or integrity of the Site;
• introduce malicious code or use automated methods in a manner that unreasonably burdens the Site;
• misrepresent your identity or affiliation with another person or organization; or
• use DPL content, trademarks, technology descriptions, or materials in a way that falsely suggests sponsorship, endorsement, ownership, or affiliation.

6. Intellectual Property

The Site and its original content, design, graphics, text, branding, presentation, reports, frameworks, and other materials are owned by or licensed to DPL and are protected by applicable intellectual property laws.

Diamond Performance Lab, DPL, and associated names, logos, slogans, and branding may not be used without authorization. References to third-party products, companies, technologies, names, and logos remain the property of their respective owners.

You may view and use publicly available Site content for your own lawful informational purposes. No broader license or transfer of intellectual property rights is granted by your use of the Site.

7. Third-Party Technologies, Partners and Links

DPL may work with technology providers, strategic partners, integration providers, service providers, or other third parties. The Site may also link to third-party websites or services.

Third-party services are governed by their own terms, privacy practices, availability, and policies. A reference or link to a third party does not make DPL responsible for that third party's content, systems, products, services, or practices.

8. Privacy and Information You Submit

Your use of the Site is also subject to our Privacy Policy.

If you submit information through a contact, inquiry, registration, scheduling, or other form, you represent that the information you provide is accurate and that you have the right to provide it.

Do not submit sensitive medical information, protected health information, passwords, financial account credentials, or other highly sensitive information through a general website contact form unless DPL has expressly provided an appropriate method for doing so.

9. Disclaimers

To the fullest extent permitted by law, the Site is provided on an “as is” and “as available” basis. DPL does not warrant that the Site will always be uninterrupted, error-free, secure, or free from harmful components.

We strive to provide useful and accurate information, but we do not guarantee that every statement, illustration, example, projection, result, or description on the Site will be complete, current, or applicable to every individual or organization.

Examples, sample dashboards, hypothetical scenarios, projections, and illustrative results are not guarantees of future performance or outcomes.

10. Limitation of Liability

To the fullest extent permitted by applicable law, DPL and its owners, officers, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of, or inability to use, the Site.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

11. Indemnification

To the extent permitted by law, you agree to indemnify and hold DPL harmless from claims, losses, liabilities, and reasonable expenses arising from your unlawful misuse of the Site, your violation of these Terms, or your infringement of another party's rights.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date on this page. Your continued use of the Site after updated Terms are posted constitutes acceptance of the revised Terms to the extent permitted by law.

13. Governing Law

These Terms are governed by the laws applicable to DPL's principal place of business, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Any mandatory rights or protections available to you under applicable law remain unaffected.

14. Contact Us

Questions about these Terms may be directed to Diamond Performance Lab at info@diamond-pl.com or through our Contact page.