Effective Date: September 2017
INFORMATION WE COLLECT
FLASHFIT collects information to operate our business and provide you with innovative fitness and wellness solutions. We collect both Personal Data and Other Information in support of these efforts
(a)”Personal Data” is information that can be used, directly or indirectly, alone or together with other information, to identify you. This may include your precise Location Data and your Performance Data.
(b) “Other Information” is information that is anonymous, aggregate, de-identified, or otherwise does not reveal your identity. Some examples include age, gender, browser and operating system, time spent using our Licensed Application, and webpages visited. We collect and use this information to understand how you and our community as a whole use our Licensed Application and constantly tune, enhance, innovate and build products and services to reflect the needs of our users. When you are using a mobile Device, we also collect and use your Apple Identifier for Advertising (IDFA) and Google Advertising ID (AAID), as applicable, to recognize your Device and support advertising activities on our Licensed Application. These number values are not permanently tied to your Device and, depending on your operating system, you can reset it through your Device settings.
Generally, we do not consider Other Information to be Personal Data. Regardless, if we link together Other Information in a way that renders it individually identifiable, we will treat the combined information as Personal Data.
COLLECTION OF PERSONAL DATA
We collect Personal Data in the following ways:
(a) Registering Your Account. When you register and set up an account with us, we will collect registration and demographic details such as your name, username and password, email address, date of birth, and location (e.g., country). We may also collect your postal code, contact number and information about your mobile Device (e.g., name of your wireless carrier and Device identifier). In addition, we may collect certain demographic information at registration to tailor the Licensed Application to your needs, such as age, gender, fitness and physical characteristics, and sport preferences.
(b) Interacting With The Licensed Application. When you use or interact with the Licensed Application, we collect Personal Data such as Performance Data and Location Data.
(1) Performance Data: We collect your Performance Data to help you track your fitness, nutrition, activity levels, sleep, goals and progress and to help us run our business.
We collect Performance Data in several ways:
1.when you input the data manually into the Licensed Application,
2.when you employ features in the Licensed Application that are designed to capture the data (such as Location Data when using a running route tracker),
3.when you leverage technologies that integrate/connect with the Licensed Application, such as certain wearables or other fitness technologies (such as activity trackers, heart rate monitors, pedometers, and the like) that share Performance Data with the Licensed Application, and
4.when we calculate additional information from Performance Data you have previously provided (such as when we analyze performance over time).
(2) Location Data: We may collect precise location data as part of the functionality of the Licensed Application. We collect Location Data through the Licensed Applicationso we can offer you certain location-based services, provide advertisements that are relevant to your geographic location, and conduct analytics to improve the Licensed Application.
We collect Location Data in several ways:
1.from your wireless carrier,
2.through a wearable or other device you have connected (for example, wirelessly) to the Licensed Application, and
3.directly from the Device on which you use the Licensed Application. The way we collect Location Data will differ depending on your Device’s operating system. In all events, we do not collect Location Data, unless you have “allowed” its collection. If you decline to allow Location Data collection in the Licensed Application, we will not collect your Location Data unless you manually enter it in.
(3) Other Information: We may collect Other Information about your use of the Licensed Application.
This includes, for example, your Device type, carrier provider, browser type, operating system, internet domain and host name, date and time of access as well as transactional data about the activities you undertake and how you interact with the Licensed Application, such as what data is displayed, clicked on or shared, the click stream patterns, and the length of time spent on each site or page.
(d) When We Provide You Access To Third-Party Products And Services. If you are accessing third-party products and services that we have made available to you via the Licensed Application, we may collect your name, email address, city, fitness preferences, payment information, and more, in connection with your registration for and access to those products and services. For example, we may allow you to register and pay for third-party products and services through the Licensed Application. We will only collect and share Personal Data with third parties with your permission.
(e) You May Take Surveys And Enter Challenges, Promotions, Contests, And Sweepstakes. We may sponsor contests, challenges, sweepstakes and other promotions (“Promotions“) and we may request that you provide Personal Data, such as name, address, email address, telephone number and age and other information that may be appropriate in order to participate. If you win, we also may need to collect certain tax information, waivers and releases, depending on the prize.
We may also launch surveys that ask you to answer questions about a range of topics from personal information to brand and product preferences.
Additionally, with your consent we may share your Personal Data associated with a Promotion with our business partners that sponsored or were involved with that particular Promotion
(f)We May Supplement Your Account Information. If you have registered or created an account with us, we may obtain demographic information about you from reputable third-party sources to help us improve our communication with you, give us better consumer insight into your needs and improve our business. We may combine your Personal Data, Performance Data and/or the Location Data with information we obtain from the Licensed Application, other users, or third parties to enhance your experience and improve the overall quality of the Licensed Application. For example, we may obtain updated email address information from email-change-of-address vendors or purchase third-party marketing data and address information and add it to our database to better direct our advertising and provide pertinent offers we think you are more likely to be interested in
(g)We May Collect Your Personal Data When You Engage With Our Online Communities. This includes when you click on advertisements, interact with our social media pages, submit content, leave reviews, or otherwise enter information into comment fields, blogs, message boards, events and other community forums sponsored by or affiliated with FLASHFIT. These forums are public, so please exercise care in deciding what information and content you wish to disclose. We have the right, but not the obligation, to monitor any activity and remove content within the comment fields, message boards, events and other community forums. Please review our “Posting Guidelines” (found in our EULA) for more information.
HOW WE USE YOUR PERSONALDATA
(g)We May Collect Your Personal Data When You Engage With Our Online Communities. This includes when you click on advertisements, interact with our social media pages, submit content, leave reviews, or otherwise enter information into comment fields, blogs, message boards, events and other community forums sponsored by or affiliated with FLASHFIT. These forums are public, so please exercise care in deciding what information and content you wish to disclose. We have the right, but not the obligation, to monitor any activity and remove content within the comment fields, message boards, events and other community forums. Please review our “Posting Guidelines” (found in our EULA) for more information. HOW WE USE YOUR PERSONALDATAFLASHFIT uses the data we collect to operate our business, advertise, improve the Licensed Application, develop new products and services, and to improve and personalize your experiences interacting with the Licensed Application. We also use your Personal Data to communicate with you and to deliver advertising that may be more relevant to you.
We use the information we collect to:
(a) Operate Our Business. We use the data we collect to provide the Licensed Application. This includes operating, maintaining, and providing you with all of the content and features of the Licensed Application. For example, tracking your fitness and nutrition goals, display of your live location and movement (to the extent you allow that), and processing your payment for purchases.
We also use the data that we collect for our internal business operations. For example, we use data to better understand our business, analyze our operations, improve the Licensed Application, and to develop new products and services to support your fitness, wellness, and nutritional goals. We may also use the data to track, for example, the total number of users of the Licensed Application, the number of visitors that use certain features of the Licensed Application, and the domain names of our visitors’ Internet service providers to analyze our business operations and performance.
(b)Personalize Your Experience And Gain Consumer Insights. We use the Personal Data we collect to personalize your experience with the Licensed Application. This allows us to present products and information tailored to you, your interests and location. Our use of Personal Data will also allow you to participate in social sharing on Licensed Application, connect and communicate with other users of the Licensed Application, and to create and manage your account.
We also use Personal Data to better understand the people who use the Licensed Application. This helps us to innovate, plan and design new products, services, features and functionality that our users need and want.
(c)Provide Access To Third Party Products And Services. Personal Data that is collected through the Licensed Application may be used or disclosed to third parties in order to enable us to provide certain services. For example, the Licensed Application may allow you to interface with a third-party website or application, such as PayPal.
In addition, with your knowledge and consent, the Licensed Application may gather and transfer information from other applications, functions and tools within your mobile Device
(d) Commercial Research. We and our business partners may use the Personal Data and Other Information we collect to conduct commercial research on demographics, interests, and consumer preferences to gain insights about our users, the products and services you use and also to develop innovative products and services for our users. This research may be compiled and analyzed by FLASHFIT, one of our business partners or a third-party on an aggregate or de-identified basis in a way that does not identify you personally.
(e) Address Security Issues And To Resolve Disputes. We use the data we collect, including Personal Data in some cases, to protect the security of the Licensed Application, employees and users, to detect and prevent fraud, to resolve disputes and to enforce our agreements and contractual commitments.
(f) Provide And Conduct Marketing And Promotions. We use Personal Data and Other Information to assist us in our advertising and marketing campaigns, to provide you with information on the products and services that we think are most relevant to you and to enable us to measure the success of our marketing activities. In addition, we may use Location Data to serve ads that are more relevant to you based on your particular location.
(g) Communicate With You And Respond To Your Requests. After you have registered or created an account with us, you have a choice of receiving announcements via email, push notifications, or text message about us, our products, the Licensed Application or Promotions. You can manage your communication preferences by registering for and logging into your account.
We may use your Personal Data to respond to your requests for technical support, information regarding the Licensed Application or to any other communication you initiate. This includes accessing your account to address technical support requests.
Additionally, when you request it, we will use your Personal Data to enroll you in contests, programs, or offers. We also may use your Personal Data to notify you of Promotions and other special offers.
HOW WE DISCLOSE YOUR PERSONAL DATA
(a) Service Providers. We may transfer your Personal Data to FLASHFIT service providers to conduct our business. For example, they may handle credit card processing, data management, email distribution, market research, information analysis, and Promotions management. We may also share your information to administer features (e.g. music download or workout routine).
(b) As Required By Law Or To Protect Rights. We may be required, subject to applicable law, to disclose your Personal Data if: (i) it is reasonably necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority or as otherwise required by law, (ii) such a disclosure would potentially mitigate our liability in an actual or potential lawsuit, (iii) it is necessary to protect our legal rights or property, (iv) it is necessary to protect the legal rights or property or physical security of others, or (v) for the prevention or detection of crime and such disclosure is lawful.
(c)In Community Forums. Any information you post or disclose in our community forums (for example, Facebook, YouTube, Twitter, or other sponsored pages on the Licensed Application) is public. We cannot control the use of information disclosed in community forums, such as bulletin boards, blogs, chat rooms, and networking functions of mobile applications. Exercise caution when disclosing information in these public areas, and be careful what Personal Data you disclose and how you disclose it. Content posted in our community forums, including advice and opinions, represents the views of the individuals who post that content and such individuals bear sole and exclusive responsibility for the posting of that content. FLASHFIT does not necessarily endorse, support, verify, or agree with any content posted in our community forums. Please see our Posting Guidelines (in our EULA) for more information.
Information that is publicly shared may be used by FLASHFIT for promotional purposes.
(d) Business Transfers. If we should ever merge with another company, or if FLASHFIT should decide to buy, sell, or reorganize some part or all of its business, we may disclose or transfer, to the extent permitted by law and in compliance with any applicable requirements to notify you, your Personal Data to prospective or actual purchasers or successor entities in connection with one of these transactions or reorganizations.
FLASHFIT is committed to protecting the security of your Personal Data. We use technical and organizational measures designed to protect your information against unauthorized access, theft, and loss. We also recommend that you take additional measures to protect yourself and your information, such as installing anti-virus software, closing browsers after use, keeping confidential your log-in credentials and passwords, and making sure that you regularly update software and apps you have downloaded to ensure you have enabled the latest security features on your Devices.
However, like other companies, FLASHFIT cannot guarantee 100% the security or confidentiality of the information you provide to us.
You can modify or delete your profile through your account. Your information previously posted may still be publicly viewable. FLASHFIT will retain your Personal Data for as long as you maintain an account or as needed to provide services related to the Licensed Application. We will also retain and use your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Please see the EULA for other terms related to retention and consent to use your information
DATA COLLECTION TOOLS
(b) Web Beacons. E-mail updates may contain electronic images called “web beacons”(sometimes known as one pixel GIFs, clear GIFs or pixel tags). Web beacons allow us to count visitors who have viewed content on websites or pages. In promotional e-mail messages and newsletters, web beacons allow us to count how many subscribers have read them. They also allow us to develop statistical information about the activities and features that most interest our users in order to provide more personalized content. We do not use web beacons to access your Personal Data without your consent.
you can download from reputable sources that allow you to set your preferences and block the vast majority of third-party cookies. (d) Advertising. We also work with a variety of advertisers, advertising networks, advertising servers, and analytics companies (“Ad Partners”) that use various technologies including cookies to collect data about your use of the Licensed Application (such as pages visited, ads viewed or clicked on) so that we and our Ad Partners deliver ads to you based on your interests and online activities.
MANAGING YOUR PRIVACY SETTINGS
We provide you several ways to manage your privacy settings:
(a) Update Your Default Settings For In-App Data Sharing. The Licensed Application is designed for your wellness and fitness benefit. As such, you are able to control what and with whom you share your Personal Data. We encourage you to adjust the sharing settings to best meet your objectives and sharing comfort level. In the interest of safeguarding your Personal Data, we have outlined some initial default sharing settings
The default setting for sharing for the Licensed Application is set as follows.
(1) For Performance Data:
Your “Physical Stats” are set as Private. For example your height, weight, BMI, and heart rate.
Your “Activity Stats” are set as Share with Friends. For example your workouts, steps, routes, friends challenges, and friendships etc.
(2) Community Social Data is set as Public. For example, social posts where you have set your account up as “Follow” in apps, community forums, public challenges (challenges set up by FLASHFIT), and photos.
(b) Opt-Out Of Cookies And Interest-Based Ads. As a user of the Licensed Application, you have a number of ways you may communicate your privacy preferences to us.
(1)Setting your browser to reject cookies. If you don’t want cookies, you can set your Device to (a) warn you each time a cookie is being sent or
(b) turn off all cookies (except Flash cookies) through your browser. For more information about managing your cookie settings you may also visit www.aboutcookies.org. To find out more about how to manage or delete Flash cookies, visit Adobe. Please note that if you do not accept cookies, some features or activities may not be available to you.
(2)Opting-out of interest-based advertising. We support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance in the US, the Canadian Digital Advertising Alliance in Canada, and the European Digital Advertising Alliance in the EU. Ads that we place online using interest-based data are expected to be delivered with the Enhanced Notice required by those principles. If you live in the United States, Canada, or the European Union, you can visit Ad Choices (US),Your Ad Choices (Canada), or Your Online Choices (EU) to find a convenient place to indicate your preferences, including the option to make one “universal” opt-out of interest-based advertising with participating entities for each region. These websites also provide detailed information about interest-based advertising and tips for managing your online privacy. When you opt-out using these methods, a cookie will be placed on your Device indicating that you have opted-out of interest-based advertising. If you delete your cookies, you will need to opt-out again. In addition, when you opt-out using these methods, this does not mean that you will no longer receive advertising from us, or when you use the Internet. It just means that the advertising you see displayed on websites will not be customized to your interests.
(3)Opting-out of interest-based advertising on your mobile Device. For most mobile Devices, you can control the interest-based ads you see in two different ways:
(1) changing the privacy settings of the mobile Device itself; and
(2) changing the privacy settings of your browser. For example, iOS version 6 and above devices feature Apple’s Advertising Identifier, which allows you to “Limit Ad Tracking” by going to your Device’s settings, under “Privacy” and then “Advertising.” You can also modify the settings of your browser, such as Safari, by going to the settings of that browser and under “Privacy and Security,” select “Do Not Track.” Additionally, you can click on the AdChoices link to opt-out. Please note that if you use ad blocking software on your mobile Device, this may interfere with certain features.
(c) Set Your Communication Preferences. Regardless of the settings you select, FLASHFIT may send you service-related communications. We respect your communication preferences and have created several ways for you to control how FLASHFIT communicates with you. You may stop receiving promotional messages from us via email, postal mail or text messages by following the unsubscribe instructions provided in any such message or communication you receive. With your permission, FLASHFIT may use push notifications to let you know about new messages or events even when you are not actively using the Licensed Application. You can manage the type of push notifications you receive from us by modifying your settings. You may set your Device to not allow push notifications from us.
(d) Manage Your Geolocation Services. Most mobile Devices provide users with the ability to disable location services. Disabling location services will not allow us to collect your Location Data (by virtue of the location of your mobile Device) when you use the Licensed Application and may impact the operation of the Licensed Application, for example it will not be possible to track or record exercise routes. Most likely, these controls are located in the Device’s settings menu. If you have questions about how to disable your Device’s location services, we recommend you contact your mobile service carrier or your Device manufacturer.
(e) Downloading Appchoices. The DAA offers AppChoices, a separate choice tool for users to exercise control over the collection and use of data across and through mobile applications for interest-based advertising and other related uses. To exercise choice for participating companies, you can install the DAA’s AppChoices application on your mobile Device.
We do not knowingly collect Personal Data from children under 13. If you become aware that a child has provided us with Personal Data, please contact us. If we become aware that a child under 13 has provided us with Personal Data, we will take steps to remove the information and terminate the child’s account.
THIRD PARTIES WE DON’T OWN OR CONTROL
END USER LICENSE AGREEMENT (EULA)
HOW TO CONTACT US
For questions or concerns, please contact Privacy at: email@example.com or Flashfit, LLC, 716 W Hopkins Street San Marcos, TX 78666 (USA).
End User License Agreement
Date of last revision: September 2017
PLEASE READ THISLICENSE CAREFULLY BEFORE USING THIS LICENSED APPLICATION.
By accessing or using this mobile application (the “Licensed Application“) on any computer, mobile phone, tablet, console or other device (collectively, “Device“), you signify that you have read, understand and agree to be bound by this End User License Agreement (the “License”) and any other applicable law, whether or not you are a registered member of Flashfit, LLC (“FLASHFIT,”“we” or “us”).
FLASHFIT may change the terms of this License at any time without notice, effective upon posting the modified License to the Licensed Application. Your continued use of the Licensed Application shall be considered your acceptance to the modified License. If you do not agree to the terms of this License, then you are not permitted to use the Licensed Application.
USE OF THE LICENSED APPLICATION AND YOUR ACCOUNT
(a) Eligibility. This Licensed Application is intended solely for users who are thirteen (13) years of age or older and it is a violation of this License for anyone under 13 to use the Licensed Application. No individual under 13 years of age may use the Licensed Application, provide any personal data to FLASHFIT, or otherwise submit personal data through the Licensed Application (e.g., a name, address, telephone number, or email address). You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.
(b) Registration. To become a member of FLASHFIT and use the Licensed Application or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Licensed Application, and keep that information up to date.
(c) Safeguard Your Username/Password. You are responsible for any actions that take place while using your FLASHFIT account. Keep your username/password secure and do not allow
anyone else to use your username/password to access the Licensed Application. FLASHFIT is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
(d) Updates. We may also from time to time, as we see fit, develop and provide updates for the Licensed Application. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of the Licensed Application may not properly operate if you do not install all Updates. The Licensed Application may automatically electronically upgrade the versions used on your Device. You expressly consent to such automatic Updates. Further, you agree that this License(and any additional modifications of the same) will apply to any and all Updates to the Licensed Application. We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Licensed Application.
(e) Monitoring and Suspension. We may change, suspend, or terminate your use of the Licensed Application at any time, including the availability of any feature, database, or Content. We may also deactivate, terminate or suspend your account at any time:
(1) if we, in our sole discretion, determine that you are or have been in violation of this License,
(2) if we, in our sole discretion, determine that you have created risk or possible legal exposure for FLASHFIT or any other user,
(3) in response to requests by law enforcement or other government agencies, or
(4) due to unexpected technical issues or problems. We will endeavor to notify you by email or at the next time you attempt to access your account after any such deactivation, termination or suspension.
(f) Consent to Use of Data. You agree that we may collect and use technical data and related information, including but not limited to technical information about your Device, system and application software, peripherals, replies, “likes,”“dislikes,” comments, information, data, software, scripts, executable files, graphics, maps, routes, geo-data, workouts and workout data, training plans, sleep activity, annotations, nutrition information, calories, date of birth and any information provided to register for an account and and any intellectual property therein, that is gathered periodically to facilitate the provision of support and other services to you (if any) relating to the Licensed Application or used to create Updates to the Licensed Application. FLASHFIT may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
PHYSICAL ACTIVITY NOTICE
(a) Safety. The Licensed Application includes features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity, wellness or fitness program. By using the Licensed Application, you agree, represent and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Licensed Application. Everyone’s condition and abilities are different, and participating in the activities promoted by our Licensed Application is solely at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities.
(b) Disclaimer. To the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages that are sustained from your physical activities or your use of, or inability to use, the Licensed Application or features of the Licensed Application, including any Content or activities that you access or learn about through the Licensed Application, even if caused in whole or part by the action, inaction or negligence of FLASHFIT or by the action, inaction or negligence of others.
(c) Not Medical Advice. We aim to provide useful general information for our users, not professional medical advice. The Licensed Application is not a medical device, and the data provided by the Licensed Application is not intended to be utilized for medical purposes and is not intended to diagnose, treat, cure or prevent any disease, ailment or injury. We are not responsible for any health problems that may result from any physical activity or wellness or fitness programs that you learn about through the Licensed Application.
(d) Accuracy. Health and wellness information displayed on the Licensed Application is for general informational purposes only and is not intended to be relied upon as health and wellness advice. Data provided by the Licensed Application is for basic health and wellness reporting purposes only and is not intended to be relied upon in situations where precise information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. FLASHFIT does not guarantee the availability, accuracy, completeness, reliability, or timeliness of information displayed by the Licensed Application.
(a) Ownership. All intellectual property in and on the Licensed Application (except for User Generated Content) is owned by FLASHFIT or its licensors, which includes materials protected by copyright, trademark, design rights, patents and other intellectual property rights (registered and unregistered). All content on the Licensed Application (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content“) is a collective work under the United States and other copyright laws and is the proprietary property of FLASHFIT. Each user retains ownership, responsibility for, and/or other applicable rights in the User Generated Content that they create. Except as expressly provided in this License, nothing in this License grants you a right or license to use the Licensed Application or any Content. You agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us a license (described further below) for all User Generated Content you submit.
(b) Limited License and Restrictions. You acknowledge and agree that the Licensed Application, any necessary software used in connection with the Licensed Application (if any), and the Content contain proprietary and confidential information that is protected by applicable intellectual property and other laws. We grant you a limited, revocable, personal, non-sublicenseable, non-transferable, and non-exclusive right and license to access and use the Licensed Application and Content downloaded directly from a legitimate marketplace, solely in object code format, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Content or Licensed Application to anyone else. With respect to any open source or third-party code that may be incorporated in the Licensed Application, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. This license is subject to the following:
Content. Except as expressly permitted by applicable law or authorized by FLASHFIT, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Licensed Application, the Licensed Application’s software, or any Content offered as part of the Licensed Application (other than User Generated Content), in whole or in part. Please do not download, copy, or save Content, except (i) as expressly permitted by the functionality of the Licensed Application, or
(ii) solely for personal use or your records.
Non-Commercial Usage. The Licensed Application is intended only for your personal, non-commercial use. You may not use the Licensed Application to sell a product or service, increase traffic to your own website or a third-party website for commercial reasons, such as advertising sales, or otherwise undertake any endeavor aimed at deriving revenue. Moreover, you may not “meta-search” our Licensed Application.
Ownership Notices. You agree not to change or delete any ownership notices from materials downloaded or printed from the Licensed Application.
Disruptions, Exploits, or Resource Abuse. Do not interfere with or damage operation of the Licensed Application, including through unauthorized use, disruption, automated attacks, exploitation, or abuse of our resource.
Data Gathering. You may not use any data mining, robots, scraping or similar data gathering methods.
Unlawful Uses. You may only use the Content and Licensed Application for legally permitted purposes. You may not use the Licensed Application or any Content or other information displayed on or made available by the Licensed Application to stalk, harass, abuse, defame, threaten, or defraud others.
(c) App Stores. If you download the Licensed Application from a third-party app store (the “App Provider”), you acknowledge and agree that:
This License is an agreement between us, and not with the App Provider. As between FLASHFIT and the App Provider, FLASHFIT is solely responsible for the Licensed Application;
The App Provider has no obligation to provide any maintenance and support services with respect to the Licensed Application;
In the event of any failure of the Licensed Application to conform to any applicable warranty,
(i) you may notify the App Provider and the App Provider may refund the purchase price for the Licensed Application to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Licensed Application, and
(iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between FLASHFIT and the App Provider, FLASHFIT’s responsibility;
The App Provider is not responsible for addressing any claims you have relating to the Licensed Application or your possession and use of the Licensed Application;
If a third party claims that the Licensed Application infringes another party’s intellectual property rights, as between the App Provider and FLASHFIT, FLASHFIT will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this License;
The App Provider and its subsidiaries are third-party beneficiaries of this License as it relates to your license to the Licensed Application. Upon your acceptance of the terms and conditions of this License, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this License as related to your license of the Licensed Application against you as a third-party beneficiary thereof; and
You must also comply with all applicable third-party terms of service when using the Licensed Application.
(d) Your Feedback. If you choose to submit comments, ideas or feedback, you should submit the idea at firstname.lastname@example.org and you agree that we are free to use the ideas you submit without any restriction or compensation to you. By accepting your submission, FLASHFIT does not waive any rights to use similar or related feedback previously known to FLASHFIT, developed by our employees, or obtained from sources other than you. You certify and represent that the information or feedback you submit to us through the Licensed Application is not confidential or proprietary information.
(e) Trademarks. FLASHFIT owns or licenses all FLASHFIT trademarks, service marks, branding, logos, and other similar assets (the “Trademarks”). You are not authorized to copy, imitate, modify, display or otherwise use the Trademarks (in whole or in part) for purposes other than in connection with use of the Licensed Application, without our prior written approval.
(a) Payment Terms. We offer certain premium versions of the Licensed Application (the “Premium Services”) for a fee. By signing up for and using any of the Premium Services, you agree to our License, and any additional terms and conditions that are provided here. You also agree to waive your 14-day right of withdrawal to the maximum extent permitted by applicable law, so that you are able to immediately access all of the Premium Services. The Premium Services provide you access to certain enhanced products, services, features and functionality (e.g., premium graphs and analysis). By signing up for and using the Premium Services, including signing up for Free Trials of the Premium Services, you agree to pay any fees or other incurred charges that apply to the Premium Services (such as subscription fees).
When you sign up for the Premium Services, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect from your Payment Method the appropriate fees charged for the Premium Services and for any other purchases you elect to make via the Licensed Application. You can choose to pay for the Premium Services on a monthly or annual basis. All fees due for the Premium Services are payable in advance, and will be billed automatically to the Payment Method at the start of the monthly or annual Premium Service period, as applicable. Unless otherwise stated, Premium Services will auto-renew until you elect to cancel your access to Premium Services. All purchases of Premium Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service.
(b) Termination or Cancellation of Premium Services. If you do not pay the fees or charges due for your use of the Premium Services, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Premium Services (and may do so without notice). You can cancel the Premium Services at any time. Once you have cancelled your Premium Service and received confirmation, no other changes can be made to your account. The cancellation of a Premium Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Premium Service through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Premium Service through the end of that month. There are no refunds for termination or cancellation of your Premium Service. If you no longer wish to subscribe to a Premium Service, it is your responsibility to cancel your Premium Service in due time, regardless of whether or not you actively use the Premium Service.
(c) Fee Changes. To the maximum extent permitted by applicable laws, we may change our prices for Premium Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Premium Service and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Premium Service prior to the change going into effect.
(d) Free Trials. We sometimes offer free trials of our Premium Services or other promotional offers (each a “Free Trial”). A Free Trial provides you access to the Premium Services for a period of time, with details specified when you sign up for the offer. In order to sign up for a Free Trial, you may need to provide us with your preferred payment method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until the Free Trial period ends. Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access to the Premium Service will automatically continue and you will be billed the applicable fees for that Premium Service.
All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Service. We may send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end if you decide you do not want to become a paying Premium Services athlete after the Free Trial period.
If you decide that you do not want to become a paying Premium Services member, you must cancel your subscription before the end of the Free Trial period. Depending on which of our Premium Services for which you have a Free Trial, you may lose access to the Premium Service as soon as you cancel or at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if you did not use the Premium Service for the entire duration of the offer.
Premium Service features and content may change at any time, and we cannot guarantee that any specific feature or content will be available for the entire Free Trial period. The rates in effect when you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the Premium Services during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Premium Service at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials.
POSTING GUIDELINES: USER GENERATED CONTENT AND USER CONDUCT
To help everyone feel safe and to maintain that positive environment, we require everyone to agree to, and follow, these rules (the “Posting Guidelines”) when posting User Generated Content. By using the Licensed Application you agree that your User Generated Content and use of the interactive areas within the Licensed Application will not violate thesePosting Guidelines. You understand that your User Generated Content may be made and remain public.
If you violate the following Posting Guidelines, we reserve the right to terminate your access to the Licensed Application.
(a)“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other users of the Licensed Application post or otherwise make available on or through the Licensed Application, except to the extent the Content is owned by FLASHFIT.
(b) Responsibility. You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Licensed Application, including the transmission, accuracy and completeness of the User Generated Content. Do not take any action or post anything that may expose FLASHFIT or its users to any harm or liability of any type.
(c) Relevant and Constructive Comments. Stay on topic and post only constructive comments and questions, or move on without posting. This includes posts that encourage the drama in a topic to escalate, or posts intended to incite an uproar.
(d) No Discriminatory, Explicit or Abusive Content. Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in FLASHFIT’s sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person’s consent. Do not “stalk,” intimidate, abuse, harm or harass another user of the Licensed Application or person.
(e) No Personal Information. Do not post personal information. Do not collect or solicitpersonal information from other users of the Licensed Application or send unsolicited emails or other communications. Do not collect, use or post on the Licensed Application the private information of anyone else without their consent or for illegal purposes.
(f) No Commercial Use. The Licensed Application is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Licensed Application or accept payment from a third party in exchange for your performing commercial activity on the Licensed Application. Do not post any User Generated Content that involves the transmission of “junk mail,”“chain letters,” or unsolicited mass mailing or “spamming.” Do not use automated scripts to collect information from, or otherwise interact with, the Licensed Application.
(g) No Impersonation or Misrepresentation. Do not impersonate any person or entity, including without limitation athletes or FLASHFIT employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one FLASHFIT account, register a FLASHFIT account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person’s account, username or password.
(h) No Intellectual Property Infringement. You promise that you own or control all rights in any User Generated Content that you post on the Licensed Application. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else’s rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant FLASHFIT all of the license rights granted in this License.
(i) Illegal or Damaging Activities. Do not post any User Generated Content, take any action or use the Licensed Application in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Licensed Application designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Licensed Application. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Licensed Application security technology or software.
(j)No Promotion of Unsafe Weight-Loss Techniques or Eating Disorders. One of our goals is to provide users with the tools to achieve their weight management goals at a steady, sustainable rate. User Generated Content to promote, glamorize, or achieve dangerously low levels of eating is not permitted.
GENERAL RULES FOR USER GENERATED CONTENT
(a) Content Is Not Prescreened. FLASHFIT does not prescreen User Generated Content. FLASHFIT does not guarantee the Licensed Application will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. FLASHFIT is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Licensed Application. Even in the event FLASHFIT chooses to monitor any User Generated Content, FLASHFIT assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. FLASHFIT reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason and at any time.
(b) Violations of Posting Guidelines. If we determine that you are violating the Posting Guidelines or otherwise have breached this License, we may take actions to address the issue, including, but not limited to, terminating your right to use the Licensed Application, removing your User Generated Content, taking legal action against you (in which case you agree that we may recover reasonable costs and attorneys’ fees) or disclosing information to law enforcement authorities. We reserve the right to enforce, or not enforce, these Posting Guidelines in our sole discretion, and they don’t create a duty or contractual obligation for us to act in any particular manner.
(c) FLASHFIT’s Rights To Your User Generated Content. Your User Generated Content is not confidential or proprietary. When you provide User Generated Content, you grant, and warrant that you have the right to grant, FLASHFIT a non-exclusive, irrevocable, royalty-free, transferable, sublicensable, worldwide, perpetual right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Licensed Application is available), commercialize, create derivative works of, and otherwise exploit such User Generated Content in any manner or media now or later developed, for any purpose, commercial,
advertising or otherwise. You acknowledge and agree that:
(a) we have the right to arrange the posting of User Generated Content in any way we desire;
(b) FLASHFIT has no obligation to provide you with any credit when using your User Generated Content, but if FLASHFIT chooses to provide you with credit, the size and placement of the credit is at our sole discretion; and
(c) you are not entitled to any compensation or other payment from us in connection with the use of your User Generated Content.
If you believe that your work has been improperly copied and posted on the Licensed Application, such that it constitutes infringement, please provide us with the following information:
(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf;
(2) a description of the copyrighted work that you claim has been infringed;
(3) a description of where on the Licensed Application the material that you claim is infringing is located;
(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give legally sufficient notice to FLASHFIT of infringement. Send copyright infringement complaints to:
Legal Department (Copyright)
716 W Hopkins Street
San Marcos, X 78666
We suggest that you consult your legal advisor before filing a notice with FLASHFIT’s copyright agent, because there may be penalties for false claims.
THIRD PARTY LINKS AND SERVICES
The Licensed Application contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. We do not charge for use of the basic Licensed Application; however, you may need to pay fees to use any Premium Services. By using FLASHFIT’s mobile services, you expressly agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person
To the maximum extent permitted by law, You agree to indemnify, defend, and hold harmless FLASHFIT, LLC, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against any and all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Licensed Application, your conduct in connection with the Licensed Application or with other users of the Licensed Application, or any violation of this License, any law or the rights of any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under this License, and you agree to cooperate with our defense of these claims.
USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether online or in person. FLASHFIT is not responsible or liable for any loss or damage resulting from any interaction with other users of the Licensed Application, persons you meet through the Licensed Application, or persons who find you because of information posted on, by or through the Licensed Application. You agree to take reasonable precautions in all interactions with other users on the Licensed Application, and conduct any necessary investigation before meeting another person. FLASHFIT is under no obligation to become involved with any user dispute, but may do so at its own discretion.
TO THE FULLEST EXTENT PERMITTED BY LAW, FLASHFIT EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE LICENSED APPLICATION, CONTENT, AND USER GENERATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. To the maximum extent permitted by law, we do not warrant that
(i) the Licensed Application will meet your requirements or you will achieve any specific results from use of the Licensed Application,
(ii) the operation of the Licensed Application will be uninterrupted, error-free, or that this Licensed Application or the server that makes the Licensed Application available are free of viruses or anything else harmful, or
(iii) that any defects or errors will be corrected. To the fullest extent permitted by law, you understand that FLASHFIT does not make any warranties or representations regarding the use of
or Content in the Licensed Application in terms of their quality, accuracy, adequacy, timeliness, completeness, usefulness, reliability or otherwise. FLASHFIT is not responsible or liable for any User Generated Content or other Content posted on the Licensed Application or for any offensive, unlawful or objectionable content you may encounter on or through the Licensed Application. You understand and expressly agree that you download or use the Licensed Application at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Licensed Application, loss of data or other harm of any kind that may result. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLASHFIT SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS, REVENUES, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS LICENSED APPLICATION, (B) THE CONDUCT OF OTHER LICENSED APPLICATION USERS (WHETHER ONLINE OR OFFLINE), (C) ANY USER GENERATED CONTENT, OR (D) ANY THIRD PARTY LICENSED APPLICATIONS ACCESSED VIA THE LICENSED APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FLASHFIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE LICENSED APPLICATION. YOUR ONLY REMEDY AGAINST FLASHFIT FOR USE OF THE LICENSED APPLICATION OR ANY CONTENT IS TO STOP USING THE LICENSED APPLICATION. THAT SAID, IF FLASHFIT IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS LICENSED APPLICATION OR ANY CONTENT, FLASHFIT’S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
MODIFICATIONS TO THIS LICENSE
FLASHFIT reserves the right to modify this License by posting the modified License in the Licensed Application. The modified version of this License will become effective as of the date posted in the Licensed Application unless otherwise specified in the License. Your use of the Licensed Application following that date constitutes your acceptance of the terms and conditions of the License as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Licensed Application. Modifications will not apply retroactively unless required by law.
TERMINATION AND SURVIVAL
FLASHFIT reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Licensed Application for any or no reason, without notice, and without liability to you or anyone else. FLASHFIT also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Licensed Application. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Licensed Application, or on other applications (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Licensed Application even after your User Generated Content is removed or your account is terminated. The provisions in this License relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and provisions that by their nature may survive termination shall survive any termination.
jurisdiction in the state and federal courts of Travis County, Texas. Any cause of action or claim you may have with respect to the Licensed Application must be commenced within one
(1) year after the claim or cause of action arises.
(b) Notices. By using the Licensed Application, you agree to receive certain electronic communications from FLASHFIT. You agree that any notice, agreement, disclosure or other communication that FLASHFIT sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address.
(c) Waiver. FLASHFIT’s failure to insist upon or enforce strict performance of any of the terms or conditions of this License shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modifythis License.
(d) Assignment. FLASHFIT may assign its rights and duties under this License to any party at any time without notice to you. You may not assign, delegate, or otherwise transfer your account or your obligations under this License without our prior written consent.
(e) Severability. If any provision in this License is held invalidby a court of competent jurisdiction, the remainder of this License shall continue to be enforceable. If any provision in this License is deemed unlawful, void or unenforceable, then that provision is deemed severable from this License and the remaining provisions are still valid and enforceable.
(f) Entire Agreement. This License constitutes the entire agreement between you and us with respect to your use of the Licensed Application.
(g) Commercial Items. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of“Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users
(a) only as Commercial Items and
(b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
HOW TO CONTACT US
If you have any feedback, questions or comments about the Licensed Application, please contact our support team by email at email@example.com, by phone at 512-667-8535 or by mail at: Flashfit, LLC, 716 W Hopkins Street San Marcos Texas 78666 (USA), and include the subject as “Attn: Legal – Terms and Conditions of Use”. Please be sure to include in any email or postal mail your full name, email address, postal address, and any message.
Thanks for reading all of this and welcome to Flashfit!