ATTENTION: PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY ACCEPTING THIS EULA, YOU ACKNOWLEDGE THAT YOU: HAVE READ AND UNDERSTOOD THE EULA AND YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND HAVE THE LEGAL AUTHORITY TO ACCEPT THE EULA; AND AGREE TO BE LEGALLY BOUND BY THE EULA. IF YOU DO NOT ACCEPT THE EULA, DO NOT USE THE SOFTWARE (AS DEFINED BELOW). THIS IS A LEGALLY BINDING AGREEMENT.
THIS SOFTWARE DOES NOT OFFER MEDICAL ADVICE OR OPINION. ANY CONTENT ACCESSED THROUGH THE SOFTWARE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE SUGGESTIONS OFFERED SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER PRIOR TO USING THIS SOFTWARE.
The data contained and/or generated by the Software, including the suggestions, text, images, and graphics, are for informational purposes only. Use of the Software is not intended to be a substitute for professional medical judgment or advice and you should promptly contact your own health care provider regarding any medical conditions or medical questions that you have. As this app is not provided by a licensed physician and is not responsible for any potential physical or bodily damages to the user because of improper water uses and/or excessive water consumption. It is up to the user to monitor their water consumption per day and should consult with a physician. The daily water calculator is only a suggestion tool, as a how much water calculator for an individual’s daily consumption of water, and it’s not a medically approved guide. One should also take note of their current health, such as medical conditions, medications, a healthy weight, and lifestyle habits, which can have various reactions with a change in intake water and which could include refilling at various water resources. The information contained and/or generated in the Software delivers similar information to that of a textbook or other health resource. We accept no responsibility for the correctness of any diagnosis based in whole or in part upon the use of the Software. You are specifically requested to consult a physician before utilizing the suggestions provided by the Software and you here by agree to indemnify us for any failure on your part in seeking such medical advice from a physician prior to using the Software.
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SOFTWARE AND/OR SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY US AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SOFTWARE AND/OR SERVICES.
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. This Agreement is void where prohibited. Those under the age of eighteen (18) are not permitted to use the Software without the direct supervision of a responsible adult (over the age of 18), a parent or a guardian.
Subject to Your compliance with the terms and conditions of this EULA, the Software grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services through the Website or by downloading and installing the Software. THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE. The Services, including the Website and the the Software, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of the Software. Except as expressly set forth herein, this EULA grants You no rights in or to the intellectual property of the Software or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of the EULA. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
When accessing the Services through the Software that were downloaded from an app store or app distribution platform, (the “App Provider”), You acknowledge and agree that: (a) this EULA is concluded between us, and not with the App Provider, and that we are solely responsible for the Software (not the App Provider); (b) the App Provider has no obligation to furnish any maintenance and support services with respect to the Software; (c) in the event of any failure of the Applications to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider will refund the purchase price for the Software 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 Software, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (d) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Software or your possession and use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (e) in the event of any third party claim that the Software or your possession and use of that Software's infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement; (f) the App Provider, and its subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Software, and that, upon your acceptance of the terms and conditions of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Software against you as a third party beneficiary thereof; and (g) you must also comply with all applicable third party terms of service when using the Software.
Your license to use the Software is subject to certain limitations. Specifically, you agree not to:
Remove, obscure, make illegible or alter any notices or indications of the Software's intellectual property rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.
Make copies of the Software, with the exception of a single copy that you are permitted to make exclusively for backup purposes. Such copy must preserve all notices and/or indications of our intellectual property rights and ownership thereof.
Assign, sublicense, sell, re-sell, transfer, rent, lease or otherwise distribute or provide access to the Software including, without limitation, offering the Software to third parties on an application service provider, SaaS, hosted, service bureau, outsourcing or time-sharing basis.
Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software or any part thereof.
Disable any functionality which limits the use of the Software.
Separate any parts of the Software for use on more than one computer.
Use or exploit any portion of the Software to provide any commercial services to third parties.
Use the Software in any manner which, in our sole discretion, interferes with its ability to offer its services.
We reserves the right to utilize the processor and/or bandwidth of your device hardware to facilitate communications between you and a third party.
You agree to use the Software solely for your own lawful personal or business needs. You are responsible for any content, data, or file content that you transmit, disclose, disseminate or otherwise distribute, or content that you elicit and/or collect and/or store using the Software (collectively, “User Content”) and you shall not take any unlawful or improper actions with respect to such User Content in violation of our or any third parties' rights or applicable laws. You agree not to use the Software to engage in any illegal behavior as governed under your jurisdiction.
You recognize and agree that we cannot and do not monitor or control the material or other communication transmitted or distributed by any of its users or others who use the Software or any related websites or other online services, or the actions, omissions or activities of its users, recipients of content or other communication, or other third parties, and cannot prevent such exposure or other harm to you or others. The Software shall not be liable for any such communications, actions, omissions, or activities or any damage or harm directly or indirectly resulting therefrom. THE CONTENT TRANSMITTED OR DISTRIBUTED THROUGH THE SOFTWARE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL CONTENT WITH YOUR PHYSICIAN AND/OR PARENT/GUARDIAN BEFORE RELYING ON IT.
The Software may be incorporated into, incorporate itself into, be distributed with or provide links to software or other technology owned or controlled by third parties. Any and all such third-party software or other technology will be subject to you explicitly accepting a license agreement with the applicable third party, as well as the terms of this EULA. You agree to comply with all applicable terms and conditions of such third-party license agreements. You acknowledge and agree that neither we nor its affiliates are responsible or liable for such third-party software or technology; you shall look solely to the applicable third party and not to us or its affiliates to enforce any of your rights with respect to such third-party software or technology.
THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR LICENSORS SPECIFICALLY DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR QUALITY AND/OR PERFORMANCE. WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE'S OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED, THAT THE INTERNET WILL BE AVAILABLE, THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT ALL YOUR COMMUNICATION WILL BE SECURE OR DELIVERED TO YOUR RECIPIENTS, WHETHER THEY ARE YOUR INTENDED RECIPIENTS OR OTHERWISE, OR THAT THE INFORMATION (INCLUDING, WITHOUT LIMITATION, PERSONAL INFORMATION), CONTENT AND/OR FILES STORED AND/OR ARCHIVED IN THE SOFTWARE OR ON OUR SERVERS WILL BE AVAILABLE, ACCESSIBLE, SECURE AND/OR ACCURATE. WE WILL NOT BE LIABLE FOR ANY OF THE FOREGOING. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NEITHER WE NOR ANY OF ITS LICENSORS, AGENTS OR CONTRACTORS IN CONNECTION WITH THE SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SOFTWARE IS TO UNINSTALL AND CEASE TO USE THE SOFTWARE.
You acknowledge and agree that from time to time the App may be inaccessible or inoperable due to equipment malfunctions, periodic maintenance procedures, repairs or upgrades which we may undertake from time to time, service malfunctions and causes beyond our reasonable control or which are not reasonably foreseeable by us, including, without limitation, interruption or failure of telecommunication or digital transmission links, including delays or failures due to your hardware, Internet service provider, hostile network attacks, network congestion or other failures.
To protect your personal information, access to the Software may require submission of login and password information to create a user Account. The login and password are for your personal use only and are not transferable. You may not share your login or password with any other individual. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately take all reasonable action to change or reset your membership credentials in the event that: (i) your password is lost or stolen; or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Software. We are not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
You may be required or permitted to register with us to access the Software or certain features thereof. We may refuse to grant you, and you may not use, a username (or eMail address) for such registration that is already used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of another person; that is offensive; or that we reject for any other reason in our sole discretion. Your username and password are for your personal use only; you agree not to disclose or transfer your username or password (or sell, lend or otherwise share or transfer your access to or use of the Software) to any third party. You are responsible for maintaining the confidentiality of your username and password. You agree to immediately take all reasonable action to change or reset your membership credentials should you suspect any unauthorized use of your membership credentials or any other breach of security related to your account or the Software, and to ensure that you “logout” and exit your account with the Software (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations; you are fully and solely responsible for all interactions with the Software that occur in connection with your account.
We may charge a nominal one-time fee to remove any advertisement from the Software and/or to activate certain features of the Software or services. Excluding any direct donations, if you purchase any of our products or services, you agree to a 48 hour refund policy, outside of which, any and all sales are final. You also agree to a minimum term of service, as and when applicable, recurring subscription fees, or payment terms of which we may notify you during your purchase of any sub-products, services or donations.
We may, in our sole discretion, add, modify or remove features or functionality or provide bug fixes, patches, updates and upgrades to the Software, which may be provided automatically. If you do not want to receive such upgrades automatically, do not use the Software. If you do not use the latest version of the software, you may not be able to access your saved information. This license agreement requires you to always have the most latest version of the Software installed on your device.
By using the Software, you consent to receiving electronic communications from us. These communications are part of your relationship with us and will include notices about your account (e.g. confirmations, notifications, service updates and other transactional messages) and information concerning or related to our service, such as Software updates, new features, and other important information about your account or service.
Without limiting other remedies, we may limit, suspend, or terminate this license and your use of the Software, prohibit access to the Software website and delete your user account, with immediate effect and without any notice to you, if we believe that you are in breach of this EULA, infringing or misappropriating any third party's intellectual property rights, violating any third party's privacy or publicity rights, or engaging in fraudulent, immoral or illegal activities, or for any other reasons, in our sole discretion. we shall effect such termination by providing notice to you at the email address you have provided, and/or by preventing your access to your user account. We reserve the right to cancel user accounts that have been inactive for more than six months. We reserves the right to discontinue all support for the Software, and/or for any features, services or content accessible through the Software at any time with or without cause. You may terminate this EULA with or without cause. Upon termination of this EULA by you or us: (i) all licenses and rights to use the Software shall immediately terminate; (ii) you will immediately cease any and all use of the Software; and (iii) you will immediately remove the Software from all devices, hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.
This Software and this EULA (including without limitation the validity, construction and performance of duties related to the EULA) will be governed by and construed in accordance with the laws of the United States of America and the laws of the State of California without giving effect to any principles of conflicts of laws. Venue with respect to any dispute (not subject to arbitration as provided below) between us and the Users will rest exclusively in the state or federal courts located in California. We make no representation that the Software is appropriate or available for use outside the United States, and access to it from territories where it is illegal is prohibited. If you use the Software to communicate with individuals outside the U.S., you are responsible for ensuring that such communications comply with applicable local laws, including the European Union Directive, and other privacy or other laws. You may not use or export or re-export any materials or services related to the Software or any copy or adaptation in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations. If you choose to use the Software from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. You agree that any cause of action or claim that you may have relating to the Software must be made or instituted within one year of when the cause of action or claim accrued.
User shall first contact us regarding any claim or controversy arising out of or relating to this EULA, or any breach thereof. In the event such claim or controversy cannot be resolved informally, the User and we agree to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration. Any claim or controversy arising out of or relating to this EULA, or any breach thereof, except such claims or controversies for which injunctive relief is available, that cannot be resolved by mediation within 30 days, shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The User agrees that, by accepting this EULA, the User waives the right to bring an action relating to the EULA or the Software as part of a class action suit. The Federal Arbitration Act shall govern the interpretation and enforcement of this provision. Unless we and User agree otherwise, any arbitration hearings will take place in the state of California. If the claim or controversy is for $10,000 or less, we agree that User may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator(s), through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If the claim or controversy exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your: (i) violation or breach of any term of this EULA (including the scope of license and restrictions on use of the Software), or any applicable law or regulation, whether or not referenced herein, (ii) violation of any rights of any third party, (iii) use or misuse of the Software, (iv) communication transmitted by the Software, and/or (v) use and/or modification of the API’s.
In addition to your agreement with the foregoing Terms of Service, you acknowledge and agree to the following provisions with respect to your use of the version of the Software that is compatible with the iOS and Mac operating system of Apple Inc. (“Apple”). Apple is not a party to this EULA, and does not own and is not responsible for the Software. Apple is not providing any warranty for the Software, except, if applicable, to refund the purchase price for the Software. Apple is not responsible for maintenance or other support services for the Software, and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Software, including, without limitation, any third party product liability claims, claims that the Software fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Software, including those pertaining to intellectual property rights, must be directed to us. The license you have been granted herein is limited to a non-transferable license to use the Software on a single, Apple-branded product, which runs Apple’s most latest iOS operating system and is owned or controlled by you, as permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you agree to comply with the terms of any third party agreement that is applicable to you when using the Software, such as your wireless data service agreement. You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this EULA and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
BY ACCEPTING THESE TERMS AND CONDITIONS AND CONTINUING TO USE THE SOFTWARE AND/OR SERVICE, YOU REITERATE AND AGREE THE SOFTWARE DOES NOT OFFER MEDICAL ADVICE OR OPINION, AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING IN THE RELEVANT BOX AND/OR CONTINUING TO DOWNLOAD, INSTALL, ACCESS OR USE THE SOFTWARE, SERVICE AND WEBSITE, YOU CONSENT TO BE BOUND BY THIS EULA and ANY FUTURE REVISIONS THEREOF.
“Personal Information” is information that identifies you as an individual. In addition to Personal Information, Other Information (as defined below) may be collected in connection with the Services; the collection, use and disclosure of Other Information is addressed separately below, under the heading “OTHER INFORMATION”.
We and our third-party service providers may collect the following Personal Information from you:
eMail address, if you register.
Facebook or Twitter account names.
Hydration goals set and goals achieved.
We and our third-party service providers may use Personal Information:
To respond to your inquiries and fulfill your requests, such as to send newsletters to you, complete your commercial transactions and operate the Services.
To send to you administrative information, including information regarding the Services and changes to our terms, conditions and policies.
To allow you to send and receive messages, connection requests and invitations to other individuals, through or in connection with the Services, and to send and receive such messages, connection requests and invitations on your behalf.
For our business purposes, such as quality assessment, data analysis, audits, developing new products, improving the Services, identifying usage trends and determining the effectiveness of our promotional campaigns.
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from yourself or from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, service providers, you or others, including through credit-fraud protection and risk reduction; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.
Your Personal Information may be disclosed:
To our third-party service providers that may provide services such as hosting of the Services, data analysis, IT services and infrastructure, customer service, eMail delivery, auditing, payment processing and other similar services. Please note that we may use cloud service providers in connection with the hosting of the Services and the storage of Personal Information, and we may have limited or no opportunity or ability to impose contractual restrictions on these and other service providers.
To identify you to anyone to whom you send messages, connection requests or invitations through or in connection with the Services, including messages, connection requests and invitations that we may send on your behalf.
By you, through messages (including files, video and audio calls and text messages), chats, message boards, forums, public profile pages, user directories and blogs and other functionality with which you are able to share or post information and materials. Please note that any information and materials that you post or disclose using such functionality may become public information, and may be available for other users of the Services and the general public to record, access, use, alter, manipulate or disclose to other individuals or social networking sites such as Facebook or Twitter. We are not responsible for such recording, access, use, alteration, manipulation or disclosure. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, in connection with the Services.
To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding).
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of our affiliates, service providers, you or others, including through credit-fraud protection and risk reduction; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.
“Other Information” is any information that does not reveal your specific identity, such as:
Anonymous metrics such as type of phone used to run our Software.
Web browser type.
Statistics concerning user goals.
We and our third-party service providers may collect Other Information in a variety of ways, including:
Through your device: Certain information is delivered automatically through your device, such as your operating system name and version, device manufacturer and model, language, and the name and version of the software application you are using. We may also generate a unique device identifier to operate the Services to aid you with the notification alerts you choose to create.
Through server log files: Your “IP Address” is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user uses the Services, along with the time of the use and the pages or areas visited within the Services. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites. We and our third-party service providers use IP Addresses for purposes such as helping to calculate usage levels of the Services, diagnose server problems and administer the Services.
Physical Location: We may collect the physical location of your device by. We may use your device’s physical location to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
From you: We may collect demographic information such as your location, as well as other information, such as your preferred means of communication, when you voluntarily provide such information to us. Unless combined with Personal Information, this information does not personally identify you or any other user of the Services and is always treated as anonymous.
By aggregating information: Aggregated Personal Information does not personally identify you or any other user of the Services. For example, we may aggregate Personal Information to calculate the percentage of our users who use Facebook over Twitter.
Because Other Information does not personally identify you, we may use and disclose Other Information for any purpose. In some instances, we may combine Other Information with Personal Information (such as combining your eMail address with your IP address). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is so combined.
We may use third-party advertising companies to serve ads when you use the Software or Services. Please note that these companies may use information about your use of the Services to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements to the Services, these companies may place or recognize a unique cookie on your browser or device.
We may create anonymous information from Personal Information by excluding information (such as your name) that makes the data personally identifiable to you. We may use anonymous information to analyze request and usage patterns so that we may enhance the content of our Software, Sites and our Products, identify or make improvements to our Software and/or improve Site navigation. We reserve the right to use and disclose anonymous information for any purpose and to any third party in its sole discretion.
Technologies such as: cookies, beacons, tags and scripts may be used by the Software and our advertising partners, analytics and customer support service providers. These technologies are used in analyzing trends, administering the Service, tracking users’ movements around the Software and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis. We may share anonymous data with advertising networks, analytics providers (including Google Analytics), and other third parties (“Advertising Partners”) to analyze Software and Service usage by our users and develop and deliver targeted advertising and promotional content in our the Software and Service. We may also allow our Advertising Partners to collect this type of information within our Sites and Products, and they may share such information, as well as other information they collect through other third party websites, products and services, with us and third parties. Our Advertising Partners may collect this information through the use of their Collection Technologies (e.g., their cookies or beacons), or by requesting this information directly from you. The information collected may be used to offer you targeted ad-selection and delivery, and send you promotional messages, to personalize your user experience by increasing the probability that advertisements for products and services you see will appeal to you, a practice known as behavioral advertising, and to undertake analytics (i.e., to analyze traffic and other end user activity to improve your experience). We do not control our Advertising Partners or their Collection Technologies or privacy practices, and this Policy does not govern their use of information collected from you using their Collection Technologies. To learn more about behavioral advertising or to opt-out of this type of advertising for participating ad networks, you can search for the Network Advertising Initiative Network Advertising Initiative or the Digital Advertising Alliance.
The security of your Personal Information is important to us. We use commercially reasonable efforts to store and maintain your Personal Information in a secure environment. Communications between the mobile applications and our servers takes place over secure HTTPS/SSL connections and your data is encrypted when it is stored on our servers. We also take technical, contractual, administrative, and physical security steps designed to protect Personal Information that you provide to us. We have implemented procedures designed to limit the dissemination of your Personal Information to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
You are also responsible for helping to protect the security of your Personal Information. For instance, never give out your password, and safeguard your eMail address, password and personal credentials when you are using the Services, so that other people will not have access to your Personal Information. Furthermore, you are responsible for maintaining the security of any personal computing device on which you utilize the Services.
Please be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that are generally non-negotiable; accordingly, although we seek to conduct reasonable due diligence on such service providers, we may be unable to impose contractual obligations on them with respect to the measures they use to protect Personal Information. We are not responsible for the data security measures of any third parties.
Your choices regarding our use and disclosure of your Personal Information for marketing purposes. We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
We will endeavor to comply with your request as soon as reasonably practicable. Please note that if you opt-out as described above, we will not be able to remove your Personal Information from the databases of third parties with which we have already shared such information (i.e., to which we have already provided such information as of the date that we implement your opt-out request). Please also note that if you do opt-out of receiving marketing-related eMails from us, we may still send administrative messages to you; you cannot opt-out from receiving administrative messages.
The Services are not directed to individuals under the age of eighteen (18), nor are such individuals permitted to use the Services; accordingly, we request that such individuals do not provide Personal Information in connection with the Services. If you are the parent or guardian of such an individual who has disclosed Personal Information to us in connection with the Services, please contact us via the Software, and we will exercise commercially reasonable efforts to remove such information from our databases and storage systems; we are not liable, however, for any consequences of such information, including any delay or failure to remove such information.
© 2015 Ash Alom. All Rights Reserved.