Effective Date: June 1 2015
1. Acceptance of Terms
2. Description of the service
The Service is designed to help improve User habits that may help improve a User's personal wellness. Quantified Habits makes the Service available to Users to provide a User personal feedback and information to potentially improve such User's wellness by prompting certain User actions based on contextual feedback and interactions. More information about the Service and its features can be found by emailing us at email@example.com
Quantified Habits reserves the sole right to either modify or discontinue the Service, including any features therein, at any time with or without notice to User. Quantified Habits shall not be liable to User or any third party should Quantified Habits exercise such right. User understands and agrees that temporary interruptions of this Service may occur as normal events. User further understands and agrees that Quantified Habits has no control over third party networks that User may access in the course of the use of this Service, and therefore, delays and disruption of other network transmissions are completely beyond Quantified Habits’ control. User understands and agrees that this Service is provided “AS IS” and that Quantified Habits makes no warranties or guarantees of any kind with relation to the Service or its use.
3. User Acknowledgements
3.2 System Requirements. User acknowledges that the Service will not be fully accessible or functional without: (i) a working wireless (Wi-Fi) network or cellular/mobile network connection; (ii) an access/activation code and/or user account; (iii) a mobile device such as a phone or tablet; and (iv) other system elements or specifications that may be specified by Quantified Habits. It is User’s responsibility to ensure that User has all required system elements.
3.3 Service Data and Analytics. The Service collects, stores, processes and analyzes Service Data (defined below) and produces Analytics (as defined below). Accordingly, after a User has activated the Service, a variety of technologies are employed to automatically or passively collect Service Data. The term “Service Data” means all data and information that are provided by User during installation, activation and subsequent use of the Service, and all other data and information about the User that are otherwise discerned or collected by Quantified Habits based on User’s access to and use of the Service. The term “Analytics” means User profile statistics, metrics, abstractions, aggregations, and other analyses that are based on or derived from the Service, Service Data, or User’s use of the Service. Service Data and any resulting Analytics will primarily be used in anonymized and aggregated form, however, Quantified Habits makes no guarantee that all Service Data and resulting Analytics will be used in this form or that Quantified Habits will not deviate from the practice of primarily anonymizing and aggregating Service Data and resulting Analytics.
3.4 No Life-Safety or Critical Uses of the Service. User acknowledges and agrees that the Service is not certified for use with any emergency response or healthcare related electronics or products. USER AGREES THAT USER WILL NOT RELY ON THE SERVICE FOR ANY LIFE SAFETY, MEDICAL OR CRITICAL PURPOSES.
3.5 Not Healthcare Services. Quantified Habits and the Service does not offer or provide any kind of medical advice, medical device, medical application, health insurance or other healthcare service, including without limitation, any medical counseling, testing, medication, procedure or therapy related to the avoidance, prevention, diagnosis or treatment of any acute or chronic illness, disease or condition (referred to as “Healthcare Services”). The Service is not a substitute for Healthcare Services. Always seek the advice of your physician or other qualified healthcare provider with questions regarding any medical condition, or call 911 in an emergency. You expressly agree that you will not use the Service for any Healthcare Services and you shall not rely on the Service for any medical purpose whatsoever.
The Service is intended only as a tool, which can be used to assist User in monitoring User’s personal habits. The Service is not intended for use in any emergency or urgent matters. As a result, of its limited role as a tool for monitoring User’s personal habits, Quantified Habits has no control over the appropriateness, accuracy, quality, timeliness, scope, price or risks of or associated with any Healthcare Services. Therefore, User agrees to release Quantified Habits from any and all claims, demands, damages and liabilities, of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Healthcare Services (including any injuries or disability arising therefrom) or User's use of the Service in any way other than intended and expressly authorized under this Agreement.
The Service has been designed by Quantified Habits with the purpose of assisting people achieve their health goals through healthy lifestyle choices and behavior. We encourage you to consult with your healthcare provider before commencing the Service. You represent that you are in good enough health to begin this Service, which may include changes to your diet or level of physical activity, among other things. If you have been diagnosed with a chronic disease or other health condition, you represent that you have obtained the express approval from a health care professional to receive the Service before using them. The Services requires your active engagement and participation. You understand that, despite your efforts, individual users’ results will vary for a variety of reasons and Quantified Habits cannot guarantee that you will achieve your health goals.
THE CONTENTS OF THE SERVICE, SUCH AS TEXT, GRAPHICS, IMAGES, INFORMATION AND COACHING SERVICES OBTAINED AND OTHER MATERIAL CONTAINED ON THE SERVICE (THE "CONTENT") ARE FOR INFORMATIONAL PURPOSES ONLY. BY ACCESSING, BROWSING AND/OR USING THE SERVICE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY HABITS YOU MAY CHOOSE TO PURSUE USING THE SERVICE AND Quantified Habits DOES NOT WARRANT ANY HABITS LISTED ON THE SERVICE, NOR DOES IT RECOMMEND OR ENDORSE ANY PARTICULAR HABIT BY LISTING SUCH HABIT ON THE SERVICE. UNDER NO CIRCUMSTANCES WILL Quantified Habits BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT.
Health Assistants. Quantified Habits will match you with a health assistant who will interact with you via SMS, push notifications, telephone, video conference, email or other online tools. We strive to maintain the client-health assistant relationship throughout your use of the Services but reserve the right to change your health assistant at any time. Our health assistants provide you with peer to peer support, encouragement and practical tips to help overcome barriers to meeting your health goals .
IT IS IMPORTANT TO UNDERSTAND THAT THE SERVICE DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE BY THE COMPANY. QUANTIFIED HABITS IS NOT A LICENSED MEDICAL CARE PROVIDER, AND OUR HEALTH ASSISTANTS ARE NOT ACTING IN A HEALTH CARE PROFESSIONAL CAPACITY. OUR HEALTH ASSISTANTS DO NOT PROVIDE ANY MEDICAL, CLINICAL SERVICES, AND DO NOT DIAGNOSE, TREAT OR MANAGE ANY ILLNESS, DISEASE OR CONDITION OR HOLD THEMSELVES OUT AS BEING ABLE TO DO SO. QUANTIFIED HABITS AND ITS HEALTH ASSISTANTS DO NOT HAVE EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL OR PSYCHOLOGICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC EXERCISE ON A MEDICAL CONDITION. YOU SHOULD NOT CHANGE YOUR TREATMENT OR CARE PLAN, MEDICATION OR THERAPY BASED ON INFORMATION YOU RECEIVED THROUGH THE SERVICE OR FROM ONE OF OUR HEALTH ASSISTANTS. CONSULTATION WITH OUR HEALTH ASSISTANTS IS SUPPLEMENTAL TO ANY TREATMENT OR CARE PROVIDED BY YOUR HEALTH CARE PROVIDER AND SHOULD NOT REPLACE REGULAR MEDICAL VISITS WITH YOUR HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. INFORMATION PROVIDED BY OUR HEALTH ASSISTANTS IS OFFERED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY DRUG, DEVICE OR TREATMENT OR REPRESENTATION THAT A PARTICULAR DRUG, DEVICE OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. QUESTIONS REGARDING ANY DRUG, DEVICE OR TREATMENT ALWAYS SHOULD BE DIRECTED TO YOUR HEALTHCARE PROVIDER. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH OUR SERVICE(S). ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. OUR HEALTH ASSISTANTS DO NOT PROVIDE EMERGENCY SERVICES. THE SERVICE / SERVICES DO NOT INCLUDE EMERGENCY, TIME SENSITIVE OR URGENT, REMOTE OR CRITICAL CARE SERVICES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.
3.7 License; Employer Data Sharing. You hereby grant us an irrevocable, perpetual, unlimited, royalty-free, sublicensable, transferable right and license to use any User Data for our commercial and internal business purposes, including without limitation making, using, selling, offering for sale, importing, and promoting commercial products and services which incorporate or embody any User Data whether in whole or in part, and whether as provided or as modified, and to make derivatives of any User Data. Without limiting the foregoing, you expressly acknowledge and agree that we may share User Data, on a de-identified basis, with your employer or other organization that provides you an access code for the Service. For purposes hereof, "User Data" means any data, information, content or other content (i) You input into the Service, (ii) that is generated by the Service based on your use of the Service (including, without limitation, base on Location-based Services), or (iii) that is processed or created by Us with regard to the foregoing.
4. Public Forum; Information Provided By Members
a. Definition. “Public Forum” is any area, site or feature offered as part of the Service (including, but not limited to, chat, online streaming video channels, Youtube channels, webinars, web conferences, message board, blog, groups, emails, or instant messaging features) that enables you (a) to upload, submit, post, display, perform, distribute and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other members. All Public Forum communications are public and not private communications. You are, and shall remain, solely responsible for the User Content that you upload, submit, post, transmit, communicate, share or exchange by means of any Public Forum and for the consequences of submitting or posting same.
As a subscriber to our Service, you maybe invited to join and participate in group discussions with other Service users as well as a coach and / or assistant, who may be an employee or a contractor of Quantified Habits, personnel from an unaffiliated third party service provider. Group Discussions are a Public Forum, and by using the Group, you may receive electronic communications, including group chat messages and/or private messages from Coaches, Facilitators and other Group members who are members of the same Group. Group members can see your user id and public profile. If you do not wish to receive messages from other members, you should opt out of participating in a Group. Whether you transmit any user content via private messaging or group chat feature, you agree to abide by our community standards and conduct guidelines at all times. You further acknowledge that by providing you with the ability to distribute User Content in the discussion forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any User Content or activity in any Public Forum, nor do we endorse any such User Content or activity. Although we reserve the right to monitor some, all, or no areas of the Services (including any discussion forum and Groups) for adherence to the community standards and conduct guidelines set forth above and to remove, without notice, any User Content for any reason, we have no obligation to review Content prior to the Content’s posting or to delete User Content that you may find objectionable or offensive. QUANTIFIED HABITS DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.
c. Public Profile; Information Provided by Members. In order to join a Group or access similar services that provide Public Forums or interactions with other members, you may be required to create public profiles, which may contain certain identifying information (such as age, profile photos, location, etc.). In addition, members have the option to post photographs, messages, videos and other information on their public profiles. Quantified Habits relies on its members to provide current and accurate information, and Quantified Habits does not, and cannot, investigate information contained in member public profiles. Accordingly, we must assume that information contained in each member public profile is current and accurate. QUANTIFIED HABITS DOES NOT REPRESENT, WARRANT OR GUARANTEE THE CURRENCY OR ACCURACY OF PUBLIC PROFILE INFORMATION, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY MEMBERS BY MEANS OF PUBLIC PROFILES OR OTHERWISE IN CONNECTION WITH THEIR USE OF THE SERVICES.
5. COMMUNITY STANDARDS AND CONDUCT GUIDELINES
You agree that you will not (and/or will not use the Website, the Mobile App and/or any part of our Service to):
a. Upload, post, email or otherwise transmit any User Content or other materials that:
(i) are unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, defamatory, vulgar, libelous, slanderous, discriminatory, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
(ii) contain adult content, including obscene, pornographic, and/or sexual terms, descriptions and/or images, nudity, profanity or graphic violence;
(iii) incite or encourage criminal or terrorist activities or physical harm against another;
(iv) exploit political agendas or “hot button” issues for commercial use; or that contain hate speech based upon the race, sex, national original, religious affiliation, marital status, sexual orientation, gender identity, or language of an individual or group;
(v) are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(vi) infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party or that are deceptive, misleading or fraudulent or that may otherwise be unlawful or give rise to civil or criminal liability;
(vii) are unauthorized advertising, promotional materials, “junk mail,” “spam,” “phishing,” “chain letters,” “pyramid schemes,” or any other form of solicitation, opinions or notices, commercial or otherwise;
(viii) contain software viruses, spyware, adware, worms, or any other computer malware or malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
b. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
c. Advertise or otherwise solicit funds or constitute a solicitation for goods or services;
d. Impersonate any person or entity, including, but not limited to any user of the Services, a director, officer, employee, shareholder, agent or representative of Quantified Habits, our Business Customers or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Quantified Habits, our Business Customers or any other person or entity;
e. Provide false, misleading or inaccurate information to Quantified Habits or any other member;
f. Create more than one unique public profile or register for more than one account except as specifically permitted in these Terms & Services, create an account on behalf of someone else, or create a false or misleading identity on the Services;
g. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or other materials transmitted to or through the Services;
h. Attempt to probe, scan or test the vulnerability of the Services or any associated system or network, or breach security or authentication measures without proper authorization;
i. Use or affect the Services in any manner that could damage, disable, overburden or impair the Services or its functionality, or disrupt the normal flow of dialogue (including, without limitation, “flooding,” “mail bombing,” or “crashing”), or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of the Services;
j. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
l. “Stalk” or otherwise harass another user or employee of the Services;
m. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Services, including usernames or passwords;
n. Access or attempt to access another user’s account without his or her consent;
o. Reverse engineer, disassemble or decompile the Mobile App, or attempt to discover or recreate the source code for the Mobile App or any portion of the Services; or
p. Assign, transfer or sublicense your rights as a registered user of the Services.
Your privilege to use the Services (including your ability to contribute to discussions on the Public Forum or communicate with Coaches / Assistants and/or other users in a Group) depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Services and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any part of these Terms & Conditions, we may terminate, in our sole discretion, your use of, or participation in, any Public Forum or the Services. Any violation of this section may subject you to civil and/or criminal liability.
YOU AGREE AND UNDERSTAND THAT YOU MAY BE HELD LEGALLY RESPONSIBLE FOR DAMAGES SUFFERED BY OTHER MEMBERS OR THIRD PARTIES AS THE RESULT OF YOUR REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES (INCLUDING ANY PUBLIC FORUM) THAT IS DEEMED DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE. UNDER THE FEDERAL COMMUNICATIONS DECENCY ACT OF 1996, QUANTIFIED HABITS IS NOT LEGALLY RESPONSIBLE, NOR CAN IT BE HELD LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION TO ANY DEFAMATORY OR OTHERWISE LEGALLY ACTIONABLE REMARKS, INFORMATION, FEEDBACK OR OTHER CONTENT POSTED OR MADE AVAILABLE ON THE SERVICES.
6. Electronic Contracting and Notices
7. User and Use Requirements
7.1 Accuracy. User agrees to: (i) provide true, accurate, current and complete information about User and User’s property as prompted by Quantified Habits’ forms and in any other related document or agreement; (ii) to maintain and update User’s information to keep it true, accurate, current, and complete, where and when such information is required. User acknowledges that, if any information provided by User is untrue, inaccurate, not current, or incomplete, Quantified Habits reserves the right to terminate User’s use of the Service and withdraw any offer or agreement.
7.2 Restrictions. While using the Service, you agree that you will not: (i) violate any laws, third party rights or our policies; (ii) use our Service or submit any of our forms if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our Apps; (iii) manipulate our Service, services, email responses or interfere with any other users use of the Service; (iv) provide false, inaccurate, misleading, defamatory, or libelous information or content; (v) spoof or create any emails, content, correspondence or other information from us, including fake or fraudulent acceptances or offers; (vi) create any competitive service or feature (or otherwise establish a competitive business) based on, in whole or in part, any content on the Service or any of our business ideas, (vii) distribute viruses or any other technologies that may harm Us, or the interests or property of Our users; (viii) copy, modify, or distribute rights or content from the Service or commercialize any of our applications or any information or software associated with such applications; or (ix) harvest or otherwise collect information about users, including email addresses, without their consent. Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service. You agree not to bypass any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage. You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Service account without permission. You agree not to decipher, reverse engineer, decompile or disassemble the Service, or the software used to provide the Service, in whole or in part, or authorize, direct, or cause a third party to do so.
7.3 Location Based Services. Some of the features of the Service enable Quantified Habits to tailor your experience based on your location or are required for the basic features and functionality of the Service (“Location-based Services”), such as to prompt you with action or habit notifications based on your location. In order to use certain Location-based Services, you must allow Quantified Habits access to your localized position through your device, which Quantified Habits may accomplish through a variety of means, including GPS location, Bluetooth, iBeacon, GeoIP, or other available mechanisms. If you choose to disable Location-based Services on your device or to the Service, you will not be able to utilize certain features of the Service. By authorizing Quantified Habits to access your location or media files containing location based meta data, you agree and acknowledge that (i) location data we collect from you is directly relevant to your use of the Service and (ii) Quantified Habits may, for so long as you allow Quantified Habits to access such location data or meta data, provide Location-based Services related to your then-current location. PLEASE NOTE THAT LOCATION DATA MAY NOT BE ACCURATE, WHETHER COLLECTED ORIGINALLY BY THE SERVICE OR A THIRD PARTY APPLICATION ORIGINATING A PIECE OF MEDIA CONTENT, AND QUANTIFIED HABITS DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION DATA AND LOCATION-BASED SERVICES.
7.4 Channel Partner Terms. In the event that you obtain the Service from Apple or Google and their related Service stores and platforms, then the following shall apply (and shall apply only to such extent and as applicable):
2. You will only use the Service in connection with an iOS or Android device that you own or control;
3. You acknowledge and agree that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Service;
4. In the event of any failure of the Service to conform to any applicable warranty, including those implied by law, you may notify Apple or Google (as the case may be) of such failure; upon notification, and their sole warranty obligation to you will be to refund to you the purchase price, if any, paid for the Service;
5. You acknowledge and agree that Quantified Habits, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the Service;
6. You acknowledge and agree that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Quantified Habits, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
7. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
8. Both You and Quantified Habits acknowledge and agree that, in using the Service and its content, you will comply with any applicable third party terms of agreement which may affect or be affected by such use;
10. In the event you use the Service to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
8. SUBSCRIPTIONS; BECOMING A PREMIUM SERVICE USER
Our Service consist of a free, limited, trial version Mobile App (“Basic Service”) and premium products with differing functionality based on the subscription level (“Premium Service”). Premium Service typically requires a fee, which is either paid (i) by the user (“Personal Premium Service”) or (ii) by a third party on behalf of the user (“Business Premium Service”). You do not have to become a Premium Service user to use the Services. However, if you are not a Premium Service user, you may be precluded from using certain portions, components, content, features, or resources of our Services. We reserve the right to eliminate or modify any or all of the functionality of the Basic Service at any time without any prior notice to you.
Whether or not you use the Basic Service or the Premium Service, you are responsible for all charges and fees associated with connecting to and using the Website and/or Mobile App, including without limitation all telephone access lines (including mobile data and data roaming charges, when applicable), telephone and/or internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Website and/or Mobile App.
9. FEES, RENEWAL, CANCELLATIONS & REFUND POLICIES
If you are a subscriber to our Premium Service, you further agree as follows:
a. Agreement to Pay.
(i) Personal Premium Service. If you are a Personal Premium Service User, you will be responsible for the fixed and periodic charges and fees (including prepayment plan fees for multiple periods or recurring monthly fees) you selected at the time of subscription. Applicable taxes, and other charges and fees incurred in order to access the Premium Services may also apply.
(ii) Business Premium Service. Business Premium Services are generally purchased by our third party commercial customers (“Business Customers”) for a specified period, and a Business Customer generally provides you with a unique activation code that allows you to access certain Premium Service features purchased by such Business Customer for a specified period. In such instance, your access to Premium Service has been paid for by our Business Customer, and you will be able to use Business Premium Service features until the expiration of a specified term agreed between Quantified Habits and such Business Customer.
b. Auto-Renewal. Unless your Premium Services have been paid for by one of our Business Customers, your Premium Service membership will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of the Premium Services or continued use of the paid subscription features of the Premium Service will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew and your subscription will be automatically downgraded to the Basic Service effective as of the end of your current billing cycle. The renewal charge will generally be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. If (i) you purchased a multiple-period prepayment plan or (ii) you were eligible for a promotional rate but are no long eligible for that rate, then your subscription will be offered to renew your subscription at our then-current non-promotional subscription rates at the start of the renewal period. If you wish to renew and we are currently offering promotional rates at such time, you must renew your subscription prior to the termination of your current plan. If you fail to renew your subscription for any Premium Services before its scheduled expiration date, then the then-current non-promotional subscription rate will apply.
c. Cancellation of Personal Premium Service Subscription. You can cancel your subscription for our Premium Services at any time by contacting your health assistant directly, or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your paid subscription for Premium Service, your subscription will remain active until the end of your then-current subscription period.
d. No Refund Policy.
(i) All fees and charges assessed are non-refundable.
(ii) If you choose to cancel your subscription within your free trial period, you will not be charged. Your Premium Services will expire within four days from the cancel date, and your account will revert to Basic Services.
(iii) If you terminate your paid subscription for Premium Service after the free trial period, your subscription will remain active until the end of your subscription period, and no subsequent charges will be processed.
e. Membership through Business Customers. For Business Premium Services users, the Business Customer paying for your Business Premium Service subscription controls such an account (which may be different from your personal account) and may terminate your access to it. You agree that we will not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Premium Services that were originally provided to you by such Business Customer. If your had Business Premium Service subscriptions paid through a Business Customer but you are no longer eligible to receive such benefit from the Business Customer, it is also possible that your Business Premium Service account will terminate with us, and you will have to sign up for a new account.
f. Modifications. We reserve the right to revise the terms of the fee charge, cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the Website and/or Mobile App or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). Any changes made will apply to all memberships created or renewed after the date such change was implemented.
10. Data and Privacy & Age
11. Service Use
11.2 Prohibited Conduct. User may not use the Service to gain unauthorized access to Quantified Habits’ network(s) or server(s), as determined by Quantified Habits in Quantified Habits’ sole discretion. User shall not interfere with any other user's use and enjoyment of the Service, as determined by Quantified Habits in Quantified Habits’ sole discretion. User may not in any way harm Quantified Habits, the Service, Users, or Quantified Habits’ Affiliates, or interfere with or manipulate the functioning or normal operations of any of the foregoing, as determined by Quantified Habits in Quantified Habits’ sole discretion. User’s use of the Service may not, in any way, violate the intellectual property rights, including but not limited to, copyrights, trademark rights, trade secrets or patents of any person or entity. You may not use the Service for any purpose other than your personal noncommercial use and you may not further distribute or provide the Service in any manner. This description of prohibited conduct is not intended to be exhaustive, and Quantified Habits has sole discretion to determine what constitutes prohibited conduct for Users. Users who violate system or network security may incur criminal or civil liability.
11.3 Termination; Cooperation. User agrees that Quantified Habits may at any time, and at Quantified Habits’ sole discretion, terminate User’s access to the Service without prior notice to User for violating this Agreement or at any time for any reason. In addition, User acknowledges that Quantified Habits will cooperate fully with investigations of violations of systems or network security at other websites or apps, including cooperating with law enforcement authorities in investigating suspected criminal violations.
12. Third Party Apps and Information
This Service may be linked to or accessed by (or provide links or access to) third party apps, sites or platforms, including, without limitation, a Test Platform ("Third Party Sites"). These Third Party Sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Quantified Habits’ control, and User acknowledges that Quantified Habits is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is Quantified Habits responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Service, Quantified Habits or Quantified Habits’ Affiliates, or any warranty of any kind, either express or implied.
13. Intellectual Property Information
Copyright (c) 2015 Quantified Habits Inc. All Rights Reserved.
14. User Submitted Information
14.2 Feedback. In the event that User submits to Quantified Habits or other third party, any reviews, criticisms, critiques, ideas for products, services, features, modifications, enhancements, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials relating to the Service or Our business (collectively “Feedback”), User agrees that (i) Quantified Habits has no obligation to review, consider, or implement User’s Feedback, or to return to User all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and Quantified Habits is not under any obligation to keep any Feedback User sends confidential or to refrain from using it in any way; and (iii) User irrevocably grants Quantified Habits and its successors and assigns, perpetual and unlimited permission and license to use, reproduce, modify, and distribute, display, and perform Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services which incorporate or embody Feedback whether in whole or in part, and whether as provided or as modified.
14.3 Suspected Copyright Violations. Quantified Habits respects the intellectual property of others, and Quantified Habits ask Users to do the same. If User believes its copyright, trademark or other property rights have been infringed by the Service, User should send notification to Quantified Habits, via the contact information on the Service, immediately. To be effective, the notification must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) information reasonably sufficient to permit Quantified Habits to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (iii) identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Quantified Habits to locate the materials; (iv) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), Quantified Habits’ Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of Users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Notice of Claimed Infringement:
Quantified Habits Inc.
14.4 Removal of Infringing Content. Quantified Habits will remove the infringing Service content, subject to the procedures outlined in the Digital Millenium Copyright Act. User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, Quantified Habits may immediately remove the identified materials from Quantified Habits’ Service without liability to User or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
RISK ASSUMPTION; YOUR INTERACTIONS WITH OTHERS ON THE WEBSITES AND/OR MOBILE APPS
QUANTIFIED HABITS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE AND PARTICIPATION IN ANY OTHER ACTIVITIES OFFERED IN THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR PARTICIPATION IN ANY GROUP OR YOUR INTERACTIONS WITH ANY FACILITATOR, ASSISTANT OR COACHES. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT QUANTIFIED HABITS IS NOT OBLIGATED IN ANY WAY TO (A) SCREEN ITS MEMBERS, (B) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS, OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS, INCLUDING WITHOUT LIMITATION INFORMATION OR REPRESENTATIONS CONTAINED IN PUBLIC PROFILES. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. QUANTIFIED HABITS DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS OR THEIR COMPATIBILITY WITH YOU.
15. Disclaimer of Warranties
THE SERVICE AND ALL SERVICE CONTENT ON, AND SERVICES PROVIDED THROUGH, THIS SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, QUANTIFIED HABITS MAKES NO WARRANTY THAT (A) THE SERVICE, SERVICE CONTENT AND SERVICES WILL MEET USER’S REQUIREMENTS, (B) THE SERVICE, SERVICE CONTENT AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, SERVICES OR SERVICE CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY USER FROM THE SERVICE FROM QUANTIFIED HABITS OR QUANTIFIED HABITS’ AFFILIATES WILL MEET USER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. QUANTIFIED HABITS MAY MAKE CHANGES TO THE SERVICE, SERVICE CONTENT AND SERVICES ON THIS SERVICE. THE USE OF THE SERVICE, SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK AND WITH USER’S AGREEMENT THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM(S) OR NETWORK(S) OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
16. Limitation of Liability
IN NO EVENT SHALL QUANTIFIED HABITS OR QUANTIFIED HABITS’ AFFILIATES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT QUANTIFIED HABITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE, THE SERVICE, OR ANY SERVICE CONTENT, OR WEB SERVICE REFERENCED OR LINKED TO FROM THIS SERVICE. FURTHER, QUANTIFIED HABITS SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SERVICE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. QUANTIFIED HABITS AND ITS AFFILIATES MAXIMUM LIABILITY UNDER THIS AGREEMENT AND FOR ANY CLAIMS RELATED TO A USER'S USE OR ACCESS TO THE SERVICE SHALL BE $100. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
18. International Use
Although this Service may be accessible worldwide, Quantified Habits makes no representation that materials on this Service are appropriate or available for use in locations outside the United States, and accessing them from territories where the Service is illegal or prohibited. Users who choose to access this Service from other locations do so on User’s own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Service is void where prohibited. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
19. Termination of Use
20. Law & Venue
22.1 Time Limit for Cause of Action. Any cause of action brought by User against Quantified Habits or Quantified Habits’ Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
22.3 Force Majeure. In addition to any excuse provided by applicable law, Quantified Habits shall be excused from liability for non-delivery or delay in delivery of products and services available through this Service arising from any event beyond Quantified Habits’ reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Quantified Habits’ reasonable control, whether or not similar to those which are enumerated above.
22.9 THIRD PARTY DISPUTES. QUANTIFIED HABITS IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, PUBLIC UTILITY, EMPLOYER OR ADVERTISER, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, PUBLIC UTILITY, ADVERTISER, EMPLOYER OR OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OTHER USER OF THE QUANTIFIED HABITS SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE QUANTIFIED HABITS (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Effective Date: June 1 2015
The following terms shall have the following meanings for purposes of this Agreement. Capitalized terms not defined in this Section are defined elsewhere in the Agreement.
"Affiliate(s)” means Quantified Habits’ owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers and advertising providers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Service.
“Service Content” means any content, information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by Users on the Service and related webpages and websites.
"User" "You" and "Your" (and similar terms) means the individual or entity installing and/or using the Service.
4. Types of Information Collected
4.1 Personally Identifiable Information. Personally Identifiable Information refers to information that lets Quantified Habits know the specific identity or other personal information of Users. As described below, the Service generally doesn't collect Personally Identifiable Information with regard to your interactions with the Service. However, there may be times when We do receive Personally Identifiable Information from You. For example, when a User contacts Quantified Habits or sends Quantified Habits an email (via the Service or otherwise), Quantified Habits may ask User to provide certain information about User by filling out and submitting an online form or otherwise providing such information. “Personal information” is information through which you can be personally identified, including any photographs you may upload. Personal Information that we collect may include your full name, credit card and/or other payment information (if applicable), your email address, phone number, certain health information, or any other information or data that you provide when using our App or Services. We collect personal information you choose to provide to us, including through registrations, applications, surveys, chat sessions or other inquiries. We do not collect information that would identify you unless you choose to provide it to us. You can choose not to provide us with certain information, but please be aware that may impact the Services provided to you.
You also acknowledge that Quantified Habits may distribute the Service through a third party distributor, via a testing Service or platform or as part of a beta testing type program (collectively, a "Test Platform"). In order to utilize a Test Platform, it may be necessary for User to provide Personally Identifiable Information including, but not limited to, email address and first and last name, to such provider or platform. If User is using the Service as part of a Test Platform, User may be required to provide Personally Identifiable Information when submitting reviews or feedback on the Service. User understands and acknowledges that Quantified Habits may have access to this Personally Identifiable Information.
4.2 Non-Personally Identifiable Information. Non-Personally Identifiable Information refers to information that does not by itself identify a specific User. Quantified Habits gathers certain information about Users based upon User’s use of and interaction with the Service in several ways. This information is compiled and analyzed on both an individual de-identified and an aggregated basis.
Upon initial use of the Service, Users will be prompted to enter an activation/access code in order to use the Service. This activation/access code will be provided to the User by the organization/employer in connection with which User is using the Service, for example User’s employer, or by Quantified Habits. The activation/access code is an enterprise level code and will not personally identify User or User’s individual device. However, upon installation, a random identification number will be generated and assigned to User’s particular individual install instance. As with the activation/access code, this random ID will not personally identify User.
5. Collection Methods
5.1 Voluntary Disclosure of Personally Identifiable Information. Quantified Habits does not collect any Personally Identifiable Information about a User unless a User voluntarily provides it to Quantified Habits or a Test Platform (via Service permissions or otherwise). Users provide certain Personally Identifiable Information to Quantified Habits when User (i) transmits other information by chat or webinars or telephone or email, including Quantified Habits’ “contact us” form; or (iii) provides it via other methods Quantified Habits may request or allow from time to time. A User may provide, access or receive Personally Identifiable Information to or from Test Platforms as part of a test deployment (and all such collection and use of Personally Identifiable Information by such third parties are subject to their own policies as set forth in Section 12 below).
5.2 Automatic Collection of Non-Personally Identifiable Information. In addition, Quantified Habits may also automatically collect certain Non-Personally Identifiable Information. Quantified Habits may use non-personally identifiable information to diagnose problems with Quantified Habits’ servers, software, and to administer the Service. Quantified Habits may also use such information to modify, improve or change the Service. Non-Personally Identifiable Information discussed in section 5.2 may be collected automatically through the normal functioning of the Service and transmitted to Quantified Habits’ servers or databases or to third parties providing such services.
5.3 Service Collection. When you download, access and use our Service, it may use technology to automatically collect the following information or data. General information we collect when you visit our App may include but is not limited to the domain and host from which you access the Internet, the Internet protocol address of the computer you are using (“IP Address”), the browser software you are using, the operating system you are using, the date and time that you access our App, the specific pages you visit at our App, the number of visits you make to our App, the number of visits to specific pages you make at our App and products or services viewed at our App.
As described in Section 5.1 above, generally the following information shall not be Personally Identifiable Information as it will not be tied to you individually via a Device ID or personal information such as email or name, but such information shall be connected with a unique random ID number that We provide upon installation (and this may be considered Personally Identifiable Information if the random number was ever matched to other Personally Identifiable Information)
(a) Service Usage Details. When you access and use the Service, we may automatically collect certain details of your access to and use of the Service, including location data and other communication data and the resources that you access and use on or through the Service.
(b) Device Information. If you download our Service, we may collect information from your mobile device, like make, model, OS, and other similar information. This may also include information related to the state of the end-user device (e.g. location services on/off, Bluetooth on/off, WiFi on/off, cellular data on/off, and other similar information)
(c) Location Information. Our Service collects real-time information about the location of your device to provide you services and to make it easier for you to use our service.
(e) Contextual Information. Our Service collects information about the proximity of your device to fixed and mobile Bluetooth Low Energy Beacons and other location devices, about your historic interaction with these beacons, and other information you may voluntarily provide to enable context-relevant applications.
(e) Apps/Permissions. We may collect information about the Service permissions (e.g., deliver notifications, use location services, use Bluetooth, and other similar information).
(f) Other Information. We may collect other information as required to provide and operate the Service.
The foregoing information may be connected with your Personally Identifiable Information if you are part of Test Platform.
5.4 BLE Locational Technologies. The Service and certain of its functionality is dependent on Bluetooth Low Energy beacons (referred to as “BLE beacon”). The Service will access and use information related to such BLE beacons to provide the services and functionality available via the Service. This information may include, but is not limited to, when a User’s mobile device detects a BLE beacon, the location of the BLE beacons that User’s device detects, whether or not User receives a push notification when a BLE beacon is detected by User’s phone, and any action User takes upon receipt of a push notification. Bluetooth Low Energy is a technology whereby mobile devices interact with fixed wireless radios and other devices. Further, BLE devices, including, but not limited to BLE beacons, may interact with Internet access points. Quantified Habits utilizes one-way transmitting BLE beacons to enhance the User experience and to provide the Service. When a User enters the proximity of a BLE beacon, a one-way signal from the BLE beacon will register with the Service and may trigger various Service functions. The BLE beacons used by Quantified Habits do not collect any information from Users.
5.6 Testing Platforms. If you download or access the Service via a Test Platform, we may receive certain information from such provider, including Personally Identifiable Information.
6. Information User Discloses Publicly Or To Others
User-Generated Content and Public Information. “User Content” is any content, materials or information (including without limitation, any text, information, graphics, messages, photos, images and works of authorship kind), data, questions, comments, suggestions or other content, including personally identifiable information that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own, on, or through the Service (such as message boards, recipe logging), whether in connection with your use of the Service or through the use of any Third Party Websites or Third Party Services or otherwise, and whether publicly posted or privately transmitted.
Quantified Habits or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to User. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information User shares, including Personal Information, in connection with User’s User Content. Be aware that public postings (including group messaging with other Users) are not confidential. Please note that the Quantified Habits does not control who will have access to the information that User chooses to make public, and cannot ensure that parties who have access to such publicly available information will respect User’s privacy or keep it secure. Quantified Habits is not responsible for the privacy or security of any information that User makes publicly available on the Service, the Mobile App, Third party collaboration website or Website or what others do with information User shares with them on the Mobile App and Website. Quantified Habits is not responsible for the accuracy, use or misuse of any User Content that User discloses or receives from third parties through the Service.
Name and Likeness. Quantified Habits may also publish User’s name, voice, likeness and other Personal Information that is part of User’s User Content, and Quantified Habits may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities, provided that Quantified Habits will not exercise such rights as to any User Content which identifies User in a public manner (other than in providing the Services to the Business Customer and the Business Customer’s other participants) unless User provides a separate consent to Quantified Habits in writing (email is sufficient) authorizing such use.
Profiles. A User’s profile page may be, by default, set up to display information such as the User’s display name, images, location (city/state/country), groups that the User has joined and optional information added by User. Profile information is used by Quantified Habits primarily to be presented back to and edited by User when User accesses the Service and to be presented to others permitted to view that information on the Service. Quantified Habits may offer users the ability to manage their public profile and use profile preference settings, the functionality and features of which are subject to change from time to time, so visit it frequently to confirm the settings reflect User’s then current preferences and Quantified Habits recommends that User does not post information or content as part of User’s profile that User is not prepared to make public. Changing setting options may not result in immediate changes to the settings, which are subject to Quantified Habits’ operations and maintenance schedules. User should carefully consider the use of such settings to improve information display options and to ensure the settings are properly set and functioning in the manner desired. Notwithstanding the availability of profile preference settings, User should be aware that these settings are for convenience only, do not employ complex data security protection and may not be error free. Further, other users that have access may repost or otherwise make public User’s information or content. Accordingly, discretion and good judgment should be exercised when posting information or content as part of User’s profile.
6. Use of Information
Quantified Habits will primarily use User’s Personally and Non-Personally Identifiable Information to provide the Service to Users . We will also use such information that we collect about you or that you provide to us, including any Personally Identifiable Information, to:
(a) Contact. Quantified Habits may use Personally and Non-Personally Identifiable Information to deliver information to a User and to contact User regarding administrative notices. We use information to respond to Your requests or questions.
(b) Business Purposes. We may use any Personally and Non-Personally Identifiable Information as may be related to our business operations and activities. User acknowledges and agrees that Quantified Habits shall have the right to aggregate data collected from User’s use of the Service with other users and present the results of such aggregation to internal personnel at Quantified Habits and to third parties external to Quantified Habits and User, including, but not limited to, User’s employer. We will also use your information to fulfill any other purpose for which you provide it. We may also use information you provide to carry out our obligations and enforce our rights arising from any contracts entered into between You and Us.
(c) Product Purposes. We use your information to help us improve our products and services. We may use information to customize and improve your experience. For example, we might look at usage trends to make sure Service is easy to use.
(d) Updates. We may send you email or push notifications about your account, transactions, or changes to our sites, applications, or policies.
(e) Security. We may use information to protect our company, our customers, our websites, or our applications.
(f) Services to Employers. We may provide aggregated and/or de-identified information to your employer as related to Service usage and as otherwise required by us to provide information to such employers.
(g) Permitted by Law. We may use your information as otherwise as permitted by law.
7. Disclosure of Information
Quantified Habits may disclose, share or otherwise provide information (both Personally and Non-Personally Identifiable Information) as follows:
(a) Aggregated Data. We may disclose aggregated and/or de-identified information about our Users without restriction. User acknowledges and agrees that Quantified Habits shall have the right to aggregate and de-identify data collected from User’s use of the Service with other users and present the results of such aggregation or de-identification to internal personnel at Quantified Habits and to third parties external to Quantified Habits and User, including, but not limited to, User’s employer.
(b) Service Providers. We may share information with contractors, service providers and other third parties we use to support our business and the Service.
(c) Change in Corporate Ownership. We may share information with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information is among the assets transferred. If Quantified Habits should ever file for bankruptcy or have Quantified Habits’ assets sold to or merge with another entity (or otherwise engage in any business combination or similar transaction), information Quantified Habits receives from User through use of this Service is Quantified Habits’ asset and may be transferred without any restriction.
(d) To Protect Rights. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Us, our customers or others.
(e) Legal Purposes. To comply with any court order, law or legal process, including to respond to any government or regulatory request. Quantified Habits fully cooperates with law enforcement agencies in identifying those who use Quantified Habits’ Service or related services for illegal activities. Quantified Habits reserves the right to report to law enforcement agencies any activities that Quantified Habits, in good faith, believes to be unlawful.
(f) To Employers. We may provide aggregated and/or de-identified information to Your employer as related to Service usage and as otherwise required by Us to provide services to such employers.
(g) To Affiliates. We may provide information to any Affiliate.
(h) As Disclosed. For any other purpose we disclose when You provide the information.
(i) With Your Consent. Otherwise with your consent.
8. Updating and Correcting Information. Quantified Habits believes Users should have the ability to access and edit the Personally Identifiable Information that you have provided to Quantified Habits. User may contact Quantified Habits to determine what Personally Identifiable Information we have on a User by contacting Quantified Habits through the appropriate contact information or forms located in the Service or on Quantified Habits’ website or webpages.
Please include first and last name, address, and email address when contacting Quantified Habits. It may be impossible to completely delete User’s Personally and Non-Personally Identifiable Information without some residual information because of reasons including, but not limited to, server backups. User acknowledges that altering, updating or deleting any Personally or Non-Personally Identifiable Information may alter the functioning or operation of the Service for User.
10. Required Mobile Device Settings. The Service may require User to enable certain features or functionality on User’s mobile device prior to accessing the Apps offered through the Service, including, but not limited to, Location Services, Notifications, and Bluetooth radio. Users may be prompted to affirmatively opt-in to the use of these features and functionality (depending on the platform requirements on which the Service is run). These functions are required for the Service to perform as intended. Location Services enable Quantified Habits to aggregate Non-Personally Identifiable Information across different data sources and allows User’s device to detect BLE beacons when the Service is closed. The Service will use the Location Services functionality of User’s mobile device only when User’s mobile device detects a Quantified Habits BLE beacon. Notifications are required for the Service to provide User with information when a BLE beacon is detected. If User’s screen is locked, a banner notification will still appear on User’s mobile device. Users will have the ability to adjust the frequency of notifications within the Service. Bluetooth enablement is required for the Service to receive information from BLE beacons.
11. Background Operation of Service. The Service will continue to run in the background on User’s mobile device even if User exits, closes or “kills” the Service. As a result, User’s mobile device will continue to interact with BLE beacons and the Service will continue to transmit information to Quantified Habits’ servers or databases, or to third parties providing such services, after taking such action. If User wishes to stop the Service from functioning, User should uninstall the Service immediately.
12. Security of Information. The importance of security for all Personally and Non-Personally Identifiable Information associated with Quantified Habits’ Users is important to Quantified Habits. Quantified Habits uses reasonable efforts to protect User’s Personally and Non-Personally Identifiable Information so that it is secure. User acknowledges that no data transmission over the Internet or any wired or wireless network can be guaranteed to be 100% secure and neither can the storage of such data or information. As a result, while Quantified Habits strives to protect User’s Personally and Non-Personally Identifiable Information, User acknowledges that (i) there are security and privacy limitations of the Internet which are beyond Quantified Habits’ control; (ii) the security, integrity and privacy of any and all information and data exchanged between User and Quantified Habits through this Service and data and information that is stored by Quantified Habits cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit or in rest by a third party. As a result, with regard to the security and integrity of Personally and Non-Personally Identifiable Information, User uses this Service and any related services at User’s own risk.
14. Miscellaneous Privacy Issues
14.1 Age Policies. User must be at least 18 years old to have Quantified Habits’ permission to use this Service. Quantified Habits’ policy is that Quantified Habits does not knowingly collect, use or disclose any Personally Identifiable Information (or other information) about Users that are under 13 years of age.
14.4 Your California Privacy Rights. California Civil Code Section 1798.83 permits users of our application that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org with "CA Privacy" in the subject line.
Quantified Habits Inc., 2231 Crystal Dr, Arlington VA 22202 email@example.com