TERMS OF USE, PRIVACY POLICY AND CONTEST RULES FOR THE PROJECT MOVE APP

Effective Date: June 1 2015

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS. UNDERSTAND THAT BY SELECTING "SUBMIT," “I AGREE,” INSTALLING THE APP OR OTHERWISE INDICATING AGREEMENT TO THESE TERMS OF USE, YOU ARE AGREEING TO THE FOLLOWING TERMS. ONLY SELECT "SUBMIT," “I AGREE,” OR INSTALL IF YOU HAVE READ AND UNDERSTOOD AND AGREE TO THE BELOW TERMS. 

IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE DO NOT INSTALL THIS APP, OR IF ALREADY INSTALLED, CEASE USING THE APP AND UNINSTALL THE APP IMMEDIATELY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS APP, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS APP, IS TO STOP USING THE APP. USER’S AGREEMENT WITH QUANTIFIED HABITS REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USER’S INSTALLATION AND/OR USE OF THIS APP. 
 

1. Acceptance of Terms


1.1 Agreement. Quantified Habits Inc. (referred to as “Quantified Habits” “Us” "Our" “We” "Company" or similar terms) provides the Project Move mobile application and related technology, information and services (collectively referred to as the “App”) to you ("User" "You" Your" and similar terms) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written or electronic agreement between Quantified Habits and User. In addition, when using the App, Users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. Specifically, User understands and acknowledges that User must also agree to Quantified Habits’ current Privacy Policy (follows after Terms of Use section) which is available through this App, Quantified Habits’ website or third party webpage where the App is available for download, in order to use the App and such Privacy Policy (follows after Terms of Use section) is hereby incorporated by reference. 

1.2 Effective Date; Right to Modify; Binding Effect of Continued Use. These Terms of Use are effective as of the date that these Terms of Use appear in the App, on a related website or are otherwise made available to Users. Quantified Habits reserves the right to change these Terms of Use from time to time without notice to Users. User acknowledges and agrees that it is User’s responsibility to review these Terms of Use periodically and to be aware of any modifications. User’s continued use of this App after such modifications will constitute User’s acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. 

1.3 Use of the Term “Affiliate(s)”. As used in these Terms of Use, references to Quantified Habits’ “Affiliate(s)” include Quantified Habits’ owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers (including ad services providers), and includes (without limitation) all parties involved in creating, producing, and/or delivering this App. 
 

2. Description of the App


The App is designed to help improve User habits that may help improve a User's personal wellness. Quantified Habits makes the App 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 App and its features can be found by emailing us at info@quantifiedhabits.com

Quantified Habits reserves the sole right to either modify or discontinue the App, 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 App 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 App, and therefore, delays and disruption of other network transmissions are completely beyond Quantified Habits’ control. User understands and agrees that this App is provided “AS IS” and that Quantified Habits makes no warranties or guarantees of any kind with relation to the App or its use. 
 

3. User Acknowledgements


3.1 Use Terms. This App is licensed, not sold, to User and User may only use the App in accordance with the terms of these Terms of Use. User understands and acknowledges that use of the App may be subject to separate third party terms of service agreements and fees, including, without limitation, User’s mobile network operator’s terms of service and fees, including fees charged for data usage and overage, as well as mobile app stores and platforms terms of service, all of which are User’s sole responsibility. User understands and acknowledges that the App may require access to certain features and functionality of User’s mobile device, including without limitation, location-based services, notification services, and Bluetooth radio capabilities in order to operate as intended. User understands and acknowledges that in order to access some or all of the features and functionality of the App, User may be required to provide an access/activation code and/or register for an account. 

3.2 System Requirements. User acknowledges that the App 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 App Data and Analytics. The App collects, stores, processes and analyzes App Data (defined below) and produces Analytics (as defined below). Accordingly, after a User has installed and activated the App, a variety of technologies are employed to automatically or passively collect App Data. The term “App Data” means all data and information that are provided by User during installation, activation and subsequent use of the App, 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 App. The term “Analytics” means User profile statistics, metrics, abstractions, aggregations, and other analyses that are based on or derived from the App, App Data, or User’s use of the App. App Data and any resulting Analytics will primarily be used in anonymized and aggregated form, however, Quantified Habits makes no guarantee that all App 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 App Data and resulting Analytics. 

User hereby authorizes Quantified Habits to use User’s App Data and to exploit Analytics in the manner and for the purposes described in these Terms of Use. 

3.4 No Life-Safety or Critical Uses of the App. User acknowledges and agrees that the App is not certified for use with any emergency response or healthcare related electronics or products. USER AGREES THAT USER WILL NOT RELY ON THE APP OR THE SERVICE FOR ANY LIFE SAFETY, MEDICAL OR CRITICAL PURPOSES. 

3.5 Not Healthcare Services. Quantified Habits and the App 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 App 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 App for any Healthcare Services and you shall not rely on the App for any medical purpose whatsoever. 

The App is intended only as a tool, which can be used to assist User in monitoring User’s personal habits. The App 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 App in any way other than intended and expressly authorized under this Agreement. 

3.6 Third Party Distribution Channels; Beta Testing. Quantified Habits may distribute the App through a third party distributor, via a testing app or platform or as part of a beta testing type program (a "Test Platform"). In order to utilize a Test Platform, it may be necessary for User to download or install third party software or applications, provide personally identifiable information including, but not limited to, email address and first and last name, and/or to agree to separate terms of use or other agreements. 

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 App. For purposes hereof, "User Data" means any data, information, content or other content (i) You input into the App, (ii) that is generated by the App based on your use of the App (including, without limitation, base on Location-based Services), or (iii) that is processed or created by Us with regard to the foregoing. 
 

4. Electronic Contracting and Notices


User’s affirmative act of installing or using the App or consenting to these Terms of Use constitutes User’s electronic signature to these Terms of Use and User’s consent to enter into agreements with Quantified Habits electronically. User also agrees that Quantified Habits may, but has no obligation to, send to User in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the App (collectively, “Notices”). Quantified Habits can send User electronic Notices (i) to the e-mail address that User provided to Quantified Habits (if any), or (ii) by posting the Notice through the App, a third party webpage where the App is available for download, or Quantified Habits’ website. The delivery of any Notice from Quantified Habits is effective when sent or posted by Quantified Habits, regardless of whether User reads the Notice when User receives it or whether User actually receives the delivery or views the revised Notice. User can withdraw User’s consent to receive Notices electronically by discontinuing User’s use of the App and immediately uninstalling the App from User’s mobile device. User can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Use” link on the App, on Quantified Habits’ website, or on a third party page where the App is available for download. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. 
 

5. User and Use Requirements 


5.1 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 App and withdraw any offer or agreement. 

5.2 Restrictions. While using the App, you agree that you will not: (i) violate any laws, third party rights or our policies; (ii) use our App 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 App, services, email responses or interfere with any other users use of the App; (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 App 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 App 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 App. You agree not to bypass any security or other features of the App designed to control the manner in which the App is used, harvest or mine content from the App, or otherwise access or use the App 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 App account without permission. You agree not to decipher, reverse engineer, decompile or disassemble the App, or the software used to provide the App, in whole or in part, or authorize, direct, or cause a third party to do so. 

5.3 Location Based Services. Some of the features of the App enable Quantified Habits to tailor your experience based on your location or are required for the basic features and functionality of the App (“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 App, you will not be able to utilize certain features of the App. 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 App 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 APP 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. 

5.4 Channel Partner Terms. In the event that you obtain the App from Apple or Google and their related app stores and platforms, then the following shall apply (and shall apply only to such extent and as applicable): 
 

1. Both you and Quantified Habits acknowledge that the agreements in these Terms of Use are concluded between you and Quantified Habits only, and not with Apple and/or Google, and that Apple and Google are not responsible for the App or its content;

2. You will only use the App 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 App;

4. In the event of any failure of the App 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 App;

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 App;

6. You acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App 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 App and its content, you will comply with any applicable third party terms of agreement which may affect or be affected by such use;

9. Both You and Quantified Habits acknowledge and agree that Apple, Google and their subsidiaries are third party beneficiaries of these Terms of Use, and that upon your acceptance of the Terms of Use, Apple and Google (as applicable) will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as the third party beneficiary hereof; and

10. In the event you use the App 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.

6. Data and Privacy & Age


6.1 Submitted Data. In order to access some portions of this App, User may be required to provide certain information and data to Quantified Habits (all of the foregoing, “Submitted Data”). By submitting or providing User information, User agrees that all information provided in the Submitted Data is true and accurate and that User will maintain and update this information as required in order to keep it current, complete and accurate. The information Quantified Habits obtains through User’s use of this App, including User’s Submitted Data, is subject to Quantified Habits’ current Privacy Policy, which is specifically incorporated by reference into these Terms of Use, and is available through the App, Quantified Habits’ webpage or a third party webpage where the App is available for download. 

6.2 Age for Use of the App. User must be 18 years of age or older to visit or use the App in any manner. By visiting the App or accepting these Terms of Use, User represents and warrants to Quantified Habits that User is 18 years of age or older, and that User has the right, authority and capacity to agree to and abide by these Terms of Use. User also represents and warrants to Quantified Habits that User will use the App in a manner consistent with any and all applicable laws and regulations. 

7. App Use


7.1 Permitted Conduct. User may use the functionality made available through the App for its intended use of improving personal habits via contextual feedback and consistent with the terms of these Terms of Use or any other terms provided by Us from time to time. You expressly agree that you will not use the App for any Healthcare Services and you shall not rely on the App for any medical purpose whatsoever. In order to use the App, a User must agree to this Terms of Use document, and no use of any portion of the App is allowed except under the terms of this Terms of Use document. This description of permitted conduct is not intended to be exhaustive, and Quantified Habits has sole discretion to determine what constitutes permitted conduct for Users. 

7.2 Prohibited Conduct. User may not use the App 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 App, as determined by Quantified Habits in Quantified Habits’ sole discretion. User may not in any way harm Quantified Habits, the App, 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 App 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 App for any purpose other than your personal noncommercial use and you may not further distribute or provide the App 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. 

7.3 Termination; Cooperation. User agrees that Quantified Habits may at any time, and at Quantified Habits’ sole discretion, terminate User’s access to the App 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. 

7.4 Other Agreements. User acknowledges and agrees that other agreements between User and Quantified Habits may contain additional or similar terms regarding User conduct relating to the App. Both the terms in these Terms of Use and any terms contained in other agreements between User and Quantified Habits, relating to User conduct, shall, to the fullest extent possible, be given complementary effect. All use of the App is subject to the terms of this Terms of Use document. 
 

8. Third Party Apps and Information


This App 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 App, Quantified Habits or Quantified Habits’ Affiliates, or any warranty of any kind, either express or implied. 
 

9. Intellectual Property Information 


Copyright (c) 2015 Quantified Habits Inc. All Rights Reserved. 

By accepting these Terms of Use, User acknowledges and agrees that the App and all related content and intellectual property is protected by Quantified Habits’ copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Quantified Habits and/or its Affiliates. User expressly agrees that the App is sole property of Quantified Habits and Quantified Habits shall own and retain all right, title and interest, including all intellectual property rights, in and to the App. User is only permitted to use the App as expressly authorized by Quantified Habits. Neither Quantified Habits nor Quantified Habits’ Affiliates warrant or represent that User’s use of App content displayed on, or obtained through, this App will not infringe the rights of third parties. Certain of the ideas, software and processes incorporated into the Quantified Habits App may be protected by patent applications pending in, or filed with, the United States, and Quantified Habits may prepare and file additional patent applications in selected foreign jurisdictions. 
 

10. User Submitted Information


10.1 Submitted Information. Subject to Quantified Habits’ current Privacy Policy (and except for User information provided for contact purposes), any communication or material that User transmits to this App or to Quantified Habits, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to Quantified Habits unless Quantified Habits has mutually agreed in writing otherwise. Quantified Habits is also unable to accept User’s unsolicited ideas or proposals, so please do not submit them to Quantified Habits in any circumstance. 

10.2 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 App 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. 

10.3 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 App, User should send notification to Quantified Habits, via the contact information on the App, 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:
Privacy Agent
Quantified Habits Inc.
info@quantifiedhabits.com

10.4 Removal of Infringing Content. Quantified Habits will remove the infringing App 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’ App 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. 
 

11. Disclaimer of Warranties


THE APP AND ALL APP CONTENT ON, AND SERVICES PROVIDED THROUGH, THIS APP 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 APP, APP CONTENT AND SERVICES WILL MEET USER’S REQUIREMENTS, (B) THE APP, APP CONTENT AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP, SERVICES OR APP CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY USER FROM THE APP FROM QUANTIFIED HABITS OR QUANTIFIED HABITS’ AFFILIATES WILL MEET USER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. 


THIS APP COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. QUANTIFIED HABITS MAY MAKE CHANGES TO THE APP, APP CONTENT AND SERVICES ON THIS APP. THE USE OF THE APP, SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS APP 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. 
 

12. 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 APP, THE SERVICE, OR ANY APP CONTENT, OR WEB APP REFERENCED OR LINKED TO FROM THIS APP. FURTHER, QUANTIFIED HABITS SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS APP OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS APP, 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 APP 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. 
 

13. Indemnification


Upon a request by Quantified Habits, User agrees to defend, indemnify, and hold Quantified Habits and Quantified Habits’ Affiliates harmless from all liabilities, amounts, damages, claims, alleged claims, costs and expenses, including attorney’s fees, that arise from, are related to or otherwise are connected with (i) User’s use or misuse of this App; (ii) any misrepresentation, fraud or other act or omission that is inconsistent with the requirements of the App or any agreements entered into between Quantified Habits and User; (iii) any breach of any provision of these Terms of Use; (iv) any violation of applicable law by User; (vi) any violation of any intellectual property rights by User, whether Quantified Habits' rights or those of a third party. Quantified Habits reserves the right, at Quantified Habits’ own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will cooperate with Quantified Habits in asserting any available defenses. 
 

14. International Use


Although this App may be accessible worldwide, Quantified Habits makes no representation that materials on this App are appropriate or available for use in locations outside the United States, and accessing them from territories where the App is illegal or prohibited. Users who choose to access this App 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 App 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. 
 

15. Termination of Use


User agrees that Quantified Habits may, in Quantified Habits’ sole discretion, terminate or suspend User’s access to all or part of the App with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating User’s relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, User’s right to use the App immediately ceases, and User acknowledges and agrees that Quantified Habits may immediately deactivate or delete User’s account and all related information and files in User’s account and/or bar any further access to the App. Quantified Habits shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Quantified Habits in connection therewith. Applicable provisions shall survive any termination. 
 

16. Law & Venue


User agrees that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between User and Quantified Habits, except as otherwise stated in these Terms of Use. Subject to Section 19.6, all claims under these Terms of Use or related to User’s relationship with the App or Quantified Habits’ business or operations shall be brought in the state or federal courts located in Alexandria, Virginia. 
 

17. Notices 


All notices to Quantified Habits shall be in writing and shall be made either via email or conventional mail. Notices to Quantified Habits must be sent to the contact information provided on the App. Notices to Users may be sent either to the email address supplied for User’s account or to the address supplied by User as part of User’s Submitted Data. In addition, Quantified Habits may broadcast notices or messages through the App to inform User of changes to the App or other matters of importance, and such broadcasts shall constitute notice to User. Any notices or communication under these Terms of Use will be deemed delivered to Quantified Habits on the delivery date. Any notices or communication under these Terms of Use will be deemed delivered to User on the delivery date, regardless of whether User actually receives or reads such notice, or if notice is by posting to the App, then such notice will be deemed delivered to User on the date of posting to the App, regardless of whether User actually has knowledge of or has read the notice. 
 

18. General 


18.1 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. 

18.2 Assignment. User may not assign User’s rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. Quantified Habits may freely assign Quantified Habits’ rights and obligations under these Terms of Use and novate this Agreement in its entirety. 

18.3 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 App 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. 

18.4 Enforceability; Severability. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any part of any provision of these Terms of Use shall be or become invalid, unlawful or enforceable to any extent, then the remainder of such provision and all other provisions of these Terms of Use shall continue to be valid and enforceable to the fullest extent permitted by law. 

18.5 No Waiver. Any failure by Quantified Habits to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision or a waiver of Quantified Habits’ right to enforce or exercise any such provision of these Terms of Use in the future. 

18.6 Dispute Resolution. ANY Disputes arising hereunder will be resolved by binding arbitration, and BY ACCEPTING THESE TERMS OF USE, YOU AND QUANTIFIED HABITS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under THESE TERMS OF USE (except AS SET FORTH BELOW). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Notwithstanding the paragraph above, we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit: (i) Your right bring an individual action in small claims court, (ii) Your or Our right pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) Our right seek injunctive relief in a court of law, or (iv) Our right file suit in a court of law to address intellectual property infringement claims. 

18.7 Entire Agreement. These Terms of Use represent the entire agreement between User and Quantified Habits pertaining to the use of this App or any related services and supersedes all prior written or oral agreements (including prior versions of these Terms of Use), representations, warranties or covenants between User and Quantified Habits pertaining to the use of this App or any related services. These Terms of Use and any additional agreements between Quantified Habits and User shall be construed, to the fullest extent possible, as being consistent with each other. 

18.8 Intended Beneficiaries. Except as set forth in Section 5.4 above, these Terms of Use are strictly between Quantified Habits and User. Except as set forth in Section 5.4 above, there are no intended third party beneficiaries of these Terms of Use. 

18.9 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 APP, 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.” 

BY INSTALLING AND/OR USING THIS APP OR CONSENTING TO THESE TERMS OF USE, USER AGREES TO BE BOUND BY THESE TERMS OF USE. IF USER DOES NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE DO NOT INSTALL THIS APP, OR IF ALREADY INSTALLED, CEASE USING THE APP AND UNINSTALL THE APP IMMEDIATELY. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THIS APP, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS APP, IS TO STOP USING THE APP AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. USER’S AGREEMENT WITH QUANTIFIED HABITS REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USER’S INSTALLATION AND/OR USE OF THIS APP. 

PLEASE READ THE ABOVE TERMS. UNDERSTAND THAT BY SELECTING “I AGREE” OR OTHERWISE INDICATING AGREEMENT TO THE TERMS OF USE, YOU ARE AGREEING TO THE ABOVE TERMS. ONLY SELECT “I AGREE” "SUBMIT" OR OTHERWISE INDICATE AGREEMENT TO THE TERMS OF USE IF YOU HAVE READ AND UNDERSTOOD THE ABOVE TERMS.

 

 

Effective Date: June 1 2015 

 

PRIVACY POLICY

PLEASE READ THE FOLLOWING TERMS. UNDERSTAND THAT BY SELECTING "SUBMIT," “I AGREE,” INSTALLING THE APP OR OTHERWISE INDICATING AGREEMENT TO THE PRIVACY POLICY, YOU ARE AGREEING TO THE FOLLOWING TERMS. ONLY SELECT "SUBMIT," “I AGREE,” OR INSTALL IF YOU HAVE READ AND UNDERSTOOD AND AGREE TO THE BELOW TERMS. 

IF USER DOES NOT WISH TO BE BOUND BY THIS PRIVACY POLICY, PLEASE DO NOT INSTALL THIS APP, OR IF ALREADY INSTALLED, CEASE USING THE APP AND UNINSTALL THE APP IMMEDIATELY. USER’S SOLE REMEDY FOR DISSATISFACTION WITH THIS APP, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS APP, IS TO STOP USING THE APP AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. USER’S AGREEMENT WITH QUANTIFIED HABITS REGARDING COMPLIANCE WITH THIS PRIVACY POLICY BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USER’S INSTALLATION AND/OR USE OF THIS APP.

 

1. Introduction

This Privacy Policy (referred to as “Privacy Policy” or “Agreement”) discloses the privacy practices for the Project Move mobile application (and all related technology and services related thereto and provided by Quantified Habits Inc., collectively the "App") which is provided by Quantified Habits Inc. (referred to as “Quantified Habits” or “Us” or “We” or “Company” or similar terms). Quantified Habits, the owner of the App, is committed to protecting User’s privacy in accordance with the terms of this Privacy Policy. Please read the information below to learn the following regarding User’s use of this App. Your acceptance of this Privacy Policy and use of the App also constitutes your consent and agreement to Our Terms of Use. 

2. Definitions

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 App.

 

“App 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 App and related webpages and websites.

 

"User" "You" and "Your" (and similar terms) means the individual or entity installing and/or using the App.

 

3. Modification of Privacy Policy & Notice of Changes 

 

Quantified Habits reserves the right to change this Privacy Policy at any time and for any reason. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to posting the revised Privacy Policy in the App, on a third party download page for the App or other Quantified Habits webpages or websites. It is also User’s responsibility to review this App and this Privacy Policy periodically and to be aware of any modifications. User’s continued use of the App after such modifications will constitute User’s (i) acknowledgment of the modified Privacy Policy; and (ii) agreement to abide and be bound by the modified Privacy Policy. 

4. Types of Information Collected

 

In order to provide Users with the App, Quantified Habits may collect two types of information about App Users: Personally Identifiable Information and Non-Personally Identifiable Information. Quantified Habits’ primary goal in collecting information from Users is to provide the App to Users and for such other purposes set forth in this Privacy Policy. 

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 App generally doesn't collect Personally Identifiable Information with regard to your interactions with the App. 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 App 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. 


You also acknowledge that Quantified Habits may distribute the App through a third party distributor, via a testing app 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 App as part of a Test Platform, User may be required to provide Personally Identifiable Information when submitting reviews or feedback on the App. 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 App in several ways. This information is compiled and analyzed on both an individual de-identified and an aggregated basis. 

Upon initial use of the App, Users will be prompted to enter an activation/access code in order to use the App. This activation/access code will be provided to the User by the organization/employer in connection with which User is using the App, 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 App permissions or otherwise). Users provide certain Personally Identifiable Information to Quantified Habits when User (i) transmits other information by 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 App. Quantified Habits may also use such information to modify, improve or change the App. Non-Personally Identifiable Information discussed in section 5.2 may be collected automatically through the normal functioning of the App and transmitted to Quantified Habits’ servers or databases or to third parties providing such services. 

5.3 App Collection. When you download, access and use our App, it may use technology to automatically collect the following information or data. 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) App Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including location data and other communication data and the resources that you access and use on or through the app. 

(b) Device Information. If you download our App, 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 App 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 App 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 app 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 App. 

The foregoing information may be connected with your Personally Identifiable Information if you are part of Test Platform. 

5.4 BLE Locational Technologies. The App and certain of its functionality is dependent on Bluetooth Low Energy beacons (referred to as “BLE beacon”). The App will access and use information related to such BLE beacons to provide the services and functionality available via the App. 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 App. When a User enters the proximity of a BLE beacon, a one-way signal from the BLE beacon will register with the App and may trigger various App functions. The BLE beacons used by Quantified Habits do not collect any information from Users. 

5.5 Javascript Tags. We also use javascript tags to track use of the App. We use Google Analytics to help analyze how users use a App. Google Analytics uses javascript tags to collect standard log information, including user agent strings, analyze user behavior anonymously

5.6 Testing Platforms. If you download or access the App via a Test Platform, we may receive certain information from such provider, including Personally Identifiable Information. 

6. Use of Information

 

Quantified Habits will primarily use User’s Personally and Non-Personally Identifiable Information to provide the App 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 App 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 App 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 App 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 App 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 App. 

(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 App 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’ App 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 App 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 App 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 App for User. 

9. User Choices on Collection and Use of Information. Quantified Habits may, from time to time, send User notifications regarding Quantified Habits’ products and services or the App, and use or share User’s information as otherwise set forth in this Privacy Policy. If User does not want to receive such notifications, simply contact Quantified Habits as set forth in this Privacy Policy. 

10. Required Mobile Device Settings. The App may require User to enable certain features or functionality on User’s mobile device prior to accessing the Apps offered through the App, 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 App is run). These functions are required for the App 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 App is closed. The App 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 App 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 App. Bluetooth enablement is required for the App to receive information from BLE beacons. 

11. Background Operation of App. The App will continue to run in the background on User’s mobile device even if User exits, closes or “kills” the App. As a result, User’s mobile device will continue to interact with BLE beacons and the App 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 App from functioning, User should uninstall the App 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 App 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 App and any related services at User’s own risk. 

13. Privacy Policies of Third Party Apps. This Privacy Policy only addresses the use and disclosure of information Quantified Habits collects from User through the App. Other websites or apps, including but not limited to those of Quantified Habits’ Affiliates, providers and other apps or sites available through this App, have their own privacy policies and data collection use and disclosure practices. Please consult each third party's privacy policy. Quantified Habits is not responsible for the policies or practices of third parties. Additionally, other companies that may, now or in the future, place advertising on the App may collect information about User when User views or clicks on an advertiser or other provider’s advertising or on a page containing such advertisement, through the use of cookies or other means. Quantified Habits cannot control this collection of information. User should contact these advertisers, providers, or other third parties directly if User has any questions about the use of the information that these third parties collect. 

14. Miscellaneous Privacy Issues


14.1 Age Policies. User must be at least 18 years old to have Quantified Habits’ permission to use this App. 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. 

14.2 Server Host Country. This App is hosted in the United States. If User is visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law please note that User is transferring personal data to the United States which does not have the same data protection laws as the EU, or other nations, and by providing personal data to Quantified Habits, User consents to: (i) the use of User’s personal data for the uses identified above in accordance with this Privacy Policy; and (ii) the transfer of User’s personal data to the United States as indicated above. 

14.3 Questions or Concerns About this Privacy Policy. If you have any questions about this Privacy Policy, contact Quantified Habits through the contact information provided in the App or on Quantified Habits’ website. 

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 info@quantifiedhabits.com with "CA Privacy" in the subject line. 

PLEASE UNDERSTAND THAT BY SELECTING “I AGREE” OR "SUBMIT" OR USING THIS APP OR OTHERWISE INDICATING AGREEMENT TO THE PRIVACY POLICY, YOU ARE AGREEING TO THE ABOVE TERMS. ONLY AGREE TO THE TERMS OF THIS PRIVACY POLICY IF YOU HAVE READ AND UNDERSTOOD THE ABOVE TERMS.

Effective Date June 1 2015

Contest Rules and Terms Of Use

NO PURCHASE NECESSARY TO PLAY OR TO WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.

The Project Move App may run Contests (also referred to as “Promotion” or “Campaign”) periodically. The Project Move App Contests (the “Promotion”) is sponsored by Quantified Habits, Inc., retail sponsors and / or other businesses.  By using the Project Move app, you agree to comply with and be bound by the following Contest Rules (the “Contest Rules”). Please review the Contest Rules carefully. If you do not agree to the Contest Rules in their entirety, you are not permitted to enter the Promotion or use the Project Move app.

iTunes® is a registered trademark of Apple, Inc. (“Apple”). Please be advised that Project Move App is not in any way affiliated with Apple, and the Project Move App Offerings (as defined below) are not endorsed, administered or sponsored by Apple.

ELIGIBILITY:

The Promotion is open to individuals who are at least eighteen (18) years of age or older as of the date of entry and are legal residents of any United States jurisdiction (including the District of Columbia) where this Promotion, as conducted, is deemed to comply with all applicable laws in such jurisdiction. The Promotion is void in Puerto Rico and in any other jurisdiction where the Promotion is prohibited by law, rule or regulation. By entering this Promotion you: (a) represent and warrant that this Promotion, as conducted, complies with all applicable law in your jurisdiction; and (b) to the fullest extent permitted by applicable law, you waive any and all rights that you may have under such jurisdiction to: (i) claim redress or remedy for any failure of this Promotion to comply with applicable law; and (ii) any translations of current documents or rendering of current documents in any language other than English. Employees, officers and directors of the Project Move App,  Quantified Habits Inc., their respective legal representatives, affiliates, parent, subsidiaries, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim a Prize (as defined below) in the Promotion. Contestants wishing to obtain a copy of these Contest Rules may request a printed copy by writing to: info@quantifiedhabits.com.

In addition to the foregoing, individuals are not permitted to enter the Promotion with a “Jail-Broken Mobile Device.” For purposes of these Contest Rules, a Jail-Broken Mobile Device is a mobile device that runs: (i) Apple’s® iOS operating system (including the iPhone®, iPod touch®, iPad® and second-generation Apple TV®) that has had any of its iOS-based software restrictions removed via any procedure that is not fully endorsed and authorized by Apple®.

AGREEMENT TO RULES:

By participating, the Contestant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept the decisions of Quantified Habits Inc. as final and binding as it relates to the content of this Campaign / Contest / Promotion.

CONTEST PERIOD:

When a contest / campaign / promotion is active, entries will be accepted through the Project Move App starting on 1st of the month at 12:00am EST and ending on the last day of the same month at 11:59pm EST. All points must be earned by the last day of the month by 11:59pm EST.

HOW TO ENTER:

Contestants wishing to enter the Promotion must download the Project Move App Mobile Application (“App”) by and through the iTunes Store® (where available) and other applicable venues (“Download Venues”). Entrants that win Prizes in connection with the Promotion may be required to provide some or all of the following: (i) mailing address; (ii) country of residency; (iii) telephone number; and (iv) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification (“Prize Winner Data”).

Upon successful download of the App, Contestants will have access to the specially designated Promotion game featured in the App (“Game”). Each Game played shall be considered an “Entry” in the Promotion for purposes of these Contest Rules. The Project Move App reserves the right to reject any Entry that it believes, in its sole and reasonable discretion, is fraudulent, incomplete or otherwise invalid. The Project Move App is not responsible for Entries, claims or notices that are lost, late, illegible, misdirected, damaged, incomplete, incorrect or postage due. By entering the Promotion, you agree to receive telemarketing, e-mail and direct mail marketing messages from The Project Move App and its advertising affiliates, subject to the The Project Move App Privacy Policy (“Privacy Policy”).

IDENTIFICATION OF ENTRANTS:

Each Entry will be identified by the applicable entrant’s Game results, as collected and stored in the Promotion Database. For purposes of these Contest Rules, the “Promotion Database” is defined as the entire list of valid Entries generated during the Promotion Period. The Project Move App will stop accepting Entries at the Promotion Termination Time (as defined below).

HOW TO WIN A PRIZE:

Points

Upon successfully downloading the App, users can tap Project Move marquees to collect points. Each tap may result in the entrant gaining or losing a random number of points.

Please note that Points have no monetary or other value outside of the Promotion, and cannot be exchanged for cash, products and/or merchandise. Points will be reset to ‘0’ at the end of every month and / or at the end of a Promotion and / or at predefined timeframes as determined by the Project Move app and / or Promotion sponsors. If the Project Move App is deleted and / or reset by the user and / or username changed by the user, points and rewards cannot be reinstated or transferred.  

Promotion sponsors are solely responsible for all aspects of the Promotion prizes. Under no circumstance will the Project Move App and / or Quantified Habits Inc. be liable for paying out Prize winnings related to any Entry, even if sponsors are unable or unwilling to pay same. The Project Move App is only responsible for offering the ability to obtain Prize Entries into Promotions.

Basic Game Play/Prize Thresholds

Entrants can collect Points to reach contest thresholds and qualify for random drawing of prizes. Points can be collected by tapping Project Move marquees. Each tap of a Project Move marquee may result in gain or loss of points in a random manner. Prize winners will be selected randomly from those who have reached required contest points threshold. Each contest will run for a period of a month. Winners will be chosen randomly at the end of a contest period. Points will be reset to 0 for all users of the Project Move App at the start of every month. The Project Move App reserves the right to change contest timelines and points reset schedules.

VERIFICATION:

The potential Prize winners may, in Project Move App’s sole discretion, be required to execute and return a notarized Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) within thirty (30) days following attempted notification. Non-compliance within this time period may, in Project Move App’s sole discretion, result in forfeiture of the applicable Prize(s). The prospective Prize winners will be subject to eligibility verification. The prospective Prize winners may, in Project Move App’s sole discretion, be required to provide picture proof of identification, which may include a driver’s license or similar government issued identification. In no case shall the Project Move App be liable in any manner where a potential Prize winner has not received notification from the Project Move App or where the Project Move App fails to receive a response from the potential Prize winner within the required response period.

Each winning Entry must identically match the records maintained by the Project Move App in order for a Prize to be awarded. In the event of a dispute, the information maintained by the Project Move App will govern. Entries will be deemed made by the person under whose account the Entry was submitted, regardless of who actually submitted the Entry.

PRIZE DESCRIPTION:

   Contests in the Project Move App can include gift cards and / or articles from sponsors and / or non monetary items.

   Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Quantified Habits Inc.

   No cash or other prize substitution shall be permitted except at the prize sponsor’s discretion.

   The prize is nontransferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted.

   Acceptance of prize constitutes permission for Quantified Habits Inc. to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

ODDS OF WINNING A PRIZE:

The odds of winning depend on the number of eligible entries received.

WINNER SELECTION AND NOTIFICATION:

Winner will be determined by Quantified Habits Inc. Winner will be notified by notification within the Project Move App or via email within five (5) days following selection of Winner. Quantified Habits Inc. shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 45 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in Contests is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT Quantified Habits Inc.’s SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), You understand and agree that Quantified Habits Inc., anyone acting on behalf of Quantified Habits Inc., and Quantified Habits Inc.’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign / contest / promotion, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent.

By using the Project Move app, you represent and warrant that you are not violating any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Quantified Habits Inc. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Quantified Habits Inc. from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Quantified Habits may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.

PRIVACY STATEMENT:

To the extent that the Project Move App Privacy Policy is in conflict or inconsistent with these Contest Rules as they pertain to the Promotion, these Contest Rules shall take precedence.

TAX INFORMATION:

Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the Prize winners. The Project Move App reserves the right to withhold taxes from the winning Prizes, as appropriate. The Project Move App reserves the right to file a form 1099-MISC for any and all Prize winners.

NO SUBSTITUTION OF WINNERS:

No substitution or transfer of Prizes will be accommodated or permitted, other than as expressly set forth herein or in Project Move App's sole discretion.

PUBLICATION:

Promotion entry constitutes permission for the Project Move App to use contestants’ names and likenesses for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.

USAGE:

Your activities in connection with using the Project Move App such as using the share feature in the app, and the materials used by you in connection with same (“Creative”), must: (i) comply with all applicable federal and state laws, rules and regulations including, without limitation, the CAN-SPAM Act of 2003, as amended and the Federal Trade Commission’s report entitled, “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers,” as amended; (ii) not infringe upon any third party intellectual property or other proprietary rights; (iii) not include any language or statement to the effect that prospective entrants must pay money or make donations in order to enter the Promotion; and (iv) comply with the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials (“FTC Guidelines”).

The Project Move App reserves the right to terminate your participation in the Promotion and invalidate any Points and/or Prize(s) awarded to you for any Prohibited Conduct. For purposes of these Contest Rules, “Prohibited Conduct” is defined as those instances where you engage in any of the following: (i) any Referral Activities via facsimile or telemarketing; (ii) any Referral Activities in connection with mobile telephones or portable electronic devices via SMS, Smart Messaging, EMS, MMS or any other type of text messaging service or protocol; (iii) violations of the terms of service of, or Abusing, social media websites such as Facebook® or Twitter® in connection with your Referral Activities (for purposes of these Contest Rules, “Abuse” shall mean spamming, sending any unsolicited mass mailing or instant messaging, using social media websites for commercial purposes, making any automated use of systems, such as using scripts to send bulletins or other communications, or any other activity that violates the applicable terms of service); (iv) any unlawful activity; (v) any fraudulent or deceptive activity; and/or (vi) any conduct that the Project Move App reasonably objects to.

You shall not place any Creative in, on or through any e-mail messages or online venue that contains, promotes, references or has links to: (i) web pages with no content; (ii) profanity, sexually explicit material, hate material, material that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or family status, or any other material deemed unsuitable or harmful to the reputation of the Project Move App; (iii) piracy (of software, videos, audio/music, books, video games, etc.) hacking/cracking/phreaking, emulators/ROMs, or distribution of copyrighted materials; (iv) illegal activities or advice; (v) deceptive acts or practices; (vi) violations of the rights of others, such as intellectual property or privacy rights; (vii) personal web pages, non-English language pages, free hosted pages or venues under construction; or (viii) activities generally understood as Internet abuse including, but not limited to, the sending of unsolicited bulk electronic mail.

RELEASE:

By entering the Promotion, each contestant agrees to release and hold harmless the Project Move App, Quantified Habits Inc., its representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents from and against any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion including, but not limited to, liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each contestant further agrees that, in the event that there is any conflict or other inconsistency between the Contest Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Contest Rules will govern.

CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION:

User agrees that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between User and Quantified Habits, except as otherwise stated in these Terms of Use. All claims under these Terms of Use or related to User’s relationship with the App or Quantified Habits’ business or operations shall be brought in the state or federal courts located in Alexandria, Virginia.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Project Move App and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that the Project Move App incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first enter the Promotion.

As a condition of using the Project Move app and participating in contests, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with contests, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Virginia having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees. Participant further waives all rights to have damages multiplied or increased.

DISQUALIFICATION:

The Project Move App, its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or technical failure, lost online Entries, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Promotion, as solely determined by the Project Move App, will be disqualified. If disqualified for any of the above reasons, the Project Move App reserves the right to terminate contestant’s eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of the Project Move App which, in the sole opinion of the Project Move App, corrupts or impairs the administration, security, fairness or proper determination of the Promotion, the Project Move App reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. The Project Move App, Quantified Habits Inc., its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents are not responsible for any problem with Entries generated by computer hardware or software malfunction, error or failure, whatever the cause. Potential Prize winners may be required to provide the Project Move App with proof that the potential Prize winner is the authorized account holder of the cell phone or other mobile device associated with the potential winning Entry.

INDEMNIFICATION:

You agree to release, indemnify and hold the Project Move App, Quantified Habits Inc., its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the App, Games and/or participation in the Promotion; (b) your breach of these Contest Rules; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Project Move App, Quantified Habits Inc. and its legal representatives, affiliates, subsidiaries, parent, agencies and their respective members, officers, directors, employees and agents. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

LEGAL WARNING:

Any attempt by any individual, whether or not a contestant, to damage, destroy, tamper with or vandalize the App, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and the Project Move App will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

PLEASE UNDERSTAND THAT BY SELECTING “I AGREE” OR "SUBMIT" OR USING THIS APP OR OTHERWISE INDICATING AGREEMENT TO THE CONTEST RULES, YOU ARE AGREEING TO THE ABOVE TERMS. ONLY AGREE TO THE TERMS IF YOU HAVE READ AND UNDERSTOOD THE ABOVE TERMS.