Last modified: December 16th, 2018
Suki, LLC d/b/a OhMiBod ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:
- The types of information we may collect or that you may provide when you download, install, register with, access or use the TASL app (the "App").
- Our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies only to information we collect in this App and in e-mail, text and other electronic communications sent through or in connection with this App. This policy DOES NOT apply to information that:
- We collect offline or on any other Company apps or websites, including websites you may access through this App.
- You provide to the Company, or is collected by any third party.
Note: For version 1.2.8 and above the app does not collect any user information such as email, username or any other information about the user. The app operates stand-alone meaning that no personally identifiable information is collected or stored on our servers. If the phone is lost or stolen, or the app is deleted, the data for any past workouts will not be recoverable.
THIS APP IS FOR PEOPLE OVER THE AGE OF 18
YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS APP. We do not knowingly collect Personal Information (as defined herein) from persons under 18. Accordingly, all users will be required to provide their age prior to initial use. If we learn we have collected or received Personal Information from a person under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a person under 13, please contact us at firstname.lastname@example.org.
INFORMATION WE COLLECT AND HOW WE COLLECT IT
We collect information from and about users of our App:
- Directly from you when you provide it to us.
- Automatically when you use the App.
Information You Provide to Us.
When you download, register with or use this App, we may ask you provide information depending on the version of the app. For versions below 1.2.8 the below is applicable. For version 1.2.8 and above, we do not give the user the ability to provide us with any information and the app operates completely stand alone.
By which you may be personally identified, such as state and country of residence, e-mail address, or ANY OTHER INFORMATION THE APP COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW ("Personal Information").
That is about you but individually does not identify you, including information such as your username, your unique device identifier, your age, number of children or other information provided to us during registration.
This information includes:
- Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App, subscribing to our service and posting and/or sending material, including, but not limited to, photographs and messages. We may also ask you for information when you report a problem with the App.
- Records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us.
Automatic Information Collection And Tracking for registered accounts only running version below 1.2.8. For version 1.2.8 and above the app does not collect, transmit or store any information outside the phone it is installed on.
For app users of versions below 1.2.8 having created a registered account in the App, we may use technology to automatically collect:
- Usage Details. When you access and use the App, we may collect certain details of your access to and use of the App including data for the purposes of recording and displaying historical workout activity relating to the app for the purpose of your dashboard data and generating badges and awards. For example if you lose your device and wish to access your historical workout activity, your dashboard history will be available upon logging into your account. If you do not wish to have any of your workout activity stored on our servers simply select “Continue Without” creating an account and no data will be transmitted to our servers.
- Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, and the mobile network information for troubleshooting purposes only.
- Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device.
- Location Information. This App does not collect information about the location of your device.
- Sharing: We never share any data with third parties.
If you do not want us to collect this information do not download the App or delete it from your device or use the app without creating an account.
Information Collection And Tracking Technologies. The technologies we use for automatic information collection may include:
- Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.
- Web Beacons. Pages of the App and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related App statistics (for example, recording the popularity of certain App content and verifying system and server integrity).
THIRD-PARTY INFORMATION COLLECTION
When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
- Your mobile device manufacturer.
- Your mobile service provider.
- App store and platform providers.
- Wireless network providers.
These third parties may use tracking technologies to collect information about you when you use this App. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any Personal Information, to:
- Provide you with the App and its contents, and any other information, products or services that you request from us.
- Fulfill any other purpose for which you provide it including providing you with historical workout activity.
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, if applicable.
- Notify you when App updates are available, and of changes to any products or services we offer or provide though it.
The usage information we collect helps us to improve our App and to deliver a better experience by enabling us to:
- Recognize you when you use the App.
- Help in the event of troubleshooting issues related to your device or smartphone.
DISCLOSURE OF YOUR INFORMATION
We may from time to time aggregate information about our users for internal purposes. We will never disclose any data tied to personal activity.
We may disclose information that we collect or you provide:
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by the Company about our App users is among the assets transferred.
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- To enforce our rights arising from any contracts entered into between you and us, including, but not limited to, the App EULA, and for billing and collection, if applicable.
YOUR CHOICES ABOUT OUR COLLECTION, USE AND DISCLOSURE OF YOUR INFORMATION
We strive to provide you with choices regarding the Personal Information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.
We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
OUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits users of our App that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to email@example.com or write us at:
45 Lafayette Road #332,
North Hampton, NH 03862,
Attn: App Customer Care.
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through our App. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
45 Lafayette Road #332,
North Hampton, NH 03862,
Attn: App Customer Care or firstname.lastname@example.org.
Mobile App End User License Agreement
Updated September 20, 2016
THIS END USER LICENSE AGREEMENT (this "License") is between you, as Licensee (hereinafter referred to as "you" or "your"), and Suki, LLC d/b/a OhMiBod ("OMB") and governing your use of the TASL. By downloading and/or using the App, you are agreeing to this License, and all the terms contained herein. The App is licensed, not sold, to you for use only under the terms of this License. OMB is solely responsible for the development of this App and its content.
a. Age Restriction. YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS APP.
b. Scope of License. OMB grants you this limited, revocable, non-exclusive, non-assignable, non-transferable license to download, install, access and use the App on any device that you own or control, and for no other purpose, whether express or implied, as permitted by the Usage Rules set forth in Section 9.b. of the Apple App Store Terms and Conditions or any similar terms, conditions or rules (together, the "Usage Rules"). This License is solely for your personal, non-commercial use, and does not allow you to use the App on any device that you do not own or control, or for any other purpose, whether express or implied. You may not rent, lease, lend, sell, redistribute, sublicense or otherwise transfer the App to any third party. Additionally, you may not copy (except as expressly permitted by this License and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App), and any attempt to do so is a violation of the rights of OMB and its affiliates. If you breach this restriction, you may be subject to prosecution and damages.
c. Use Restrictions. The terms of the License will govern any upgrades provided by OMB that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. OMB reserves the right to modify, suspend, change or discontinue the App without notice, and you agree that OMB will not be liable for the same. OMB further reserves the right to elect to charge for the App, certain features of the App, or services that integrate with the App.
d. Consent to Use of Data. You agree that OMB may collect and use technical data and related information, including, but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the App. OMB 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 to you.
e. Termination. This License is effective until terminated by you or OMB. Your rights under this License will terminate automatically without notice from OMB if you fail to comply with any term(s) of this License. Upon termination of the License, you shall cease all use of the App, and destroy all copies, full or partial, of the App.
f. Services; Third Party Materials. The App may enable access to OMB's and third party services and web sites (collectively and individually, "Services"). Use of the Services may require internet access and that you accept any additional terms of service. The App may display, include or make available Services, content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, you acknowledge and agree that OMB is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. OMB does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Location data provided by the App or any Services is for OMB's or any third parties' internal purposes only and is not intended to be relied upon for navigational purposes or in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither OMB, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or location data displayed by any Services. You further agree not to use the App and/or Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that OMB is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages, pictures or transmissions that you may receive as a result of using the App and/or Services.
g. Offensive Content. You understand that by using the App or any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and mature and suggestive themes, and that the use of the App may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the App and Services at your sole risk and that OMB shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
h. Intellectual Property Rights.
(a) You acknowledge and agree that the App, and any applicable Services, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for the permitted use of the App or related Services. All trademarks are the property of their respective owners, and you are not authorized to use any such trademarks. No portion of the App or any related Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, transfer or create derivative works based on the App or related Services, in any manner, and you shall not exploit the App and/or Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
(b) You acknowledge and agree that OMB is not obligated to indemnify or defend you with respect to any claim relating to the App or your use of the App. To the extent OMB is required to indemnify you under applicable law, in the event of any third party claim that the App or your possession and use of the App infringes on that third party's intellectual property rights, OMB will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
i. No Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND OMB HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. OMB DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OMB OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, this License shall not constitute any representation or warranty to the Licensee, its affiliates or representatives by OMB or its representatives whatsoever, including any representation or warranty with respect to (a) the App not infringing, violating, misappropriating or otherwise interfering with any rights, including any intellectual property rights, of any other person and (b) the App containing any errors and/or other problems that may cause system failures.
j. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OMB BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF OMB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall OMB's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of five dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
k. Maintenance and Support. OMB is solely responsible for providing any maintenance and support services with respect to the App and as required under applicable law. For purpose of this section, "maintenance" shall include enhancements and improvements to the App and its operation, as determined by OMB.
m. Music. The App may include certain musical tracks that OMB has licensed from third parties. You may not copy of reproduce these musical tracks for any purpose. All musical tracks are the property of their respective owners.
n. Product Claims. OMB is responsible for addressing any claims by you relating to the App or use of it, including, but not limited to: (i) products 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. Nothing in this License shall be deemed to be an admission that you have such claims or that OMB has any liability in connection with such claims.
o. Compliance. You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
p. Commercial Nature. The App 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.
q. Miscellaneous. If any provision of this License is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. All provisions of this License relating to disclaimers or warranties, limitation of liability, intellectual property rights, privacy and the ownership of the App survive termination. The laws of the State of New Hampshire, excluding its conflicts of law rules, govern this license and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.
r. Contact. Any questions, comments or other inquiries in connection with this License should be directed to OMB at the following address:
45 Lafayette Road #332,
North Hampton NH 03862