Terms and Conditions

LifeQ Terms and Conditions

Last updated: October 25th, 2017

LifeQ offers products and services that assist you in better understanding your health and wellness and achieving your health and wellness goals. We also hope our products and services will inspire you to live a healthier and more informed life. These Terms and Conditions (“Terms”) apply to your access and use of the LifeQ Service, which is provided to you by LifeQ, Inc. (“LifeQ”). The “LifeQ Service” includes our applications, firmware, software, websites, APIs, products and services. LifeQ and its affiliates are referred to in these Terms as “LifeQ,” “we,” “us” or “our.”

You must agree to and accept these Terms to create a LifeQ account and to access or use any LifeQ Service. If you do not have an account, you accept these Terms by using any part of the LifeQ Service. If you do not agree to or accept these Terms, do not create an account or use any LifeQ Service.

  1. LifeQ Privacy Policy

For more information about our data practices, please refer to our Privacy Policy, including our Cookie Policy. By accessing or using the LifeQ Service, you agree that we can collect and use your information in accordance with our Privacy Policy.

  1. Use of the LifeQ Service

Persons under the age of 13, or the equivalent minimum age in the relevant jurisdiction, are not permitted to access or use the LifeQ Service unless their parent or other legal guardian has consented in accordance with applicable law. Persons barred from receiving services under applicable law as well as those previously suspended or removed from the LifeQ Service are not permitted to access or use the LifeQ Service.

You may only connect to the LifeQ Service using (i) our mobile applications and software, or approved third-party applications, software or devices, or (ii) our websites (“Authorized Connections”). You may not connect to the LifeQ Service through any unauthorized application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the LifeQ Service. If you have any questions about whether a product, service or application qualifies as an Authorized Connection, please contact Support.

  1. Creating an Account

Full use of the LifeQ Service requires that you create an account by providing us with information such as your full name, date of birth, gender, height, weight and a valid email address as well as a strong password. You are responsible for all activity that occurs in association with your account. LifeQ is not responsible under any circumstance for any loss or damage caused by your failure to maintain the confidentiality of your account credentials.  Please contact Support if you discover or suspect any security breach related to the LifeQ Service or your account.

  1. Necessary Equipment

Full use of the LifeQ Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the LifeQ Service and it is your responsibility to ensure the equipment’s functionality.

  1. Posting Your Content on the LifeQ Service

LifeQ may enable you to post, upload, store, share, send or display photos, images, video, data, text, music, exercise regimens, comments and other information and content (“Your Content”) to and via the LifeQ Service. You retain all rights to Your Content that you post to the LifeQ Service.  By making Your Content available on or through the LifeQ Service, you hereby grant to LifeQ a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media.  The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the LifeQ Service.

You are responsible for Your Content. You represent and warrant to us that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.

You represent and warrant to us that Your Content, the use and provision of Your Content on the LifeQ Service, and your use of the LifeQ Service will not (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy or limit the functionality of any equipment or services or that contains other harmful, disruptive or destructive files or content; (2) use or attempt to use another user’s account without authorization or impersonate any person or entity; (3) harvest, solicit or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the LifeQ Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the LifeQ Service, or which may expose us or our users to any harm or liability of any type.

LifeQ may, in its sole discretion, alter, remove or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending or displaying Your Content to and via the LifeQ Service.

  1. LifeQ Rights

“LifeQ Content” includes any photos, images, graphics, video, audio, data, text, music, exercise regimens, comments, software, works of authorship of any kind, and other information, content or other materials that are posted, generated, provided or otherwise made available through the LifeQ Service. LifeQ Content, the LifeQ Service and its underlying technology are protected by copyright, trademark, patent, intellectual property and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the LifeQ Service. Our logos and any other LifeQ trademarks that may appear on the LifeQ Service, and the overall look and feel of the LifeQ Service, including page headers, graphics, icons and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product and service names and company names or logos mentioned on the LifeQ Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

  1. What You Can Do on the LifeQ Service

The LifeQ Service is intended for your personal, non-commercial use.

LifeQ grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the LifeQ Service, (b) access and view the LifeQ Content, (c) access and use the software and mobile applications provided by the LifeQ Service, and (d) use the software that is embedded into certain devices as authorized in these Terms. This license is provided solely for your personal, non-commercial use and enjoyment of the LifeQ Service as permitted in these Terms.

You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the LifeQ Content, LifeQ Service or any portion thereof, except as expressly permitted in these Terms.  No licenses or rights are granted to you by implication or otherwise under any intellectual property owned or controlled by LifeQ or its licensors, except for the licenses and rights expressly granted in these Terms.

Except to the extent permitted by law, you may not perform, attempt to perform or encourage or assist others in performing any of the following while accessing or using the LifeQ Service: (1) use, display, mirror or frame the LifeQ Service or any individual element within the LifeQ Service, including the layout and design of any page, without LifeQ’s express written consent; (2) use LifeQ’s name, any LifeQ trademark or logo, or any LifeQ proprietary information without LifeQ’s express written consent; (3) access or tamper with non-public areas of the LifeQ Service, LifeQ’s computer systems, or the technical delivery systems of LifeQ’s providers; (4) test the vulnerability of any LifeQ system or breach any security or authentication measures; (5) circumvent any technological measure implemented by LifeQ or any of LifeQ’s providers or any other third party (including another user) to protect the LifeQ Service; (6) access the LifeQ Service or LifeQ Content through the use of any mechanism other than through the use of an Authorized Connection, the LifeQ Service or LifeQ API; or (7) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that LifeQ provides to you or any other part of the LifeQ Service.

  1. LifeQ’s Enforcement Rights

We are not obligated to monitor access or use of the LifeQ Service, LifeQ Content or Your Content or to review or edit any LifeQ Content or Your Content, but we have the right to do so for the purposes of operating the LifeQ Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.  We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.

We reserve the right (but are not required) to remove or disable access to the LifeQ Service, any LifeQ Content or Your Content at any time and without notice, and at our sole discretion, if we determine that the LifeQ Content, Your Content or your use of the LifeQ Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the LifeQ Service, and in response may take any action we may deem appropriate.

  1. Use the LifeQ Service at Your Own Risk

If you rely on any LifeQ Content or the LifeQ Service, you do so solely at your own risk.

Our goal is to provide helpful and accurate information on the LifeQ Service, but we make no endorsement, representation or warranty of any kind about any LifeQ Content, information or services. The accuracy of the data collected and presented through the LifeQ Service is not intended to match that of medical devices or scientific measurement devices.

We are not responsible for the accuracy, reliability, availability, effectiveness or correct use of information you receive through the LifeQ Service.

Use of the LifeQ Service should not replace your good judgment and common sense.

  1. Consult Your Doctor Before Using the LifeQ Service and If Health Questions Arise

The LifeQ Service is not intended to diagnose, treat, cure or prevent any disease.  If you have a medical or heart condition, consult your doctor before using the LifeQ Service, engaging in an exercise program or changing your diet.  If you experience a medical emergency, stop using the LifeQ Service and consult with a medical professional.  We are not responsible for any health problems that may result from consultations, products or events you learn about through the LifeQ Service.  If you engage in any exercise program you receive or learn about through the LifeQ Service, you agree that you do so at your own risk and are voluntarily participating in these activities.

  1. DMCA/Copyright Policy

LifeQ respects the intellectual property of others and expects its users to do the same.  It is LifeQ’s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.

  1. Feedback and Submissions Policy

If you submit comments, ideas or feedback to us, you agree that we can use, disclose, reproduce, distribute and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by LifeQ or obtained from sources other than you.

  1. Alerts and Notifications

As part of your use of the LifeQ Service, you may receive notifications, text messages, alerts, emails and other electronic communications. You agree to the receipt of these communications. You can control most communications from the LifeQ Service by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

  1. Third-Party Services

The LifeQ Service may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively, “Third-Party Services”) that are not under LifeQ’s control. This may include the opportunity for you to link your LifeQ account, LifeQ data or the LifeQ Service with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the LifeQ Service, such as third-party applications accessed on or through LifeQ Services, are not part of the LifeQ Service and are not controlled by LifeQ, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the LifeQ Privacy Policy do not apply to the terms and conditions and privacy policy that applies to your use of any Third-Party Service.

  1. Changes to the LifeQ Service

LifeQ may change or discontinue, temporarily or permanently, any feature or component of the LifeQ Service at any time without notice. LifeQ is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the LifeQ Service.  We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by LifeQ products without prior notice to you.

  1. Termination

We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the LifeQ Service or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Support. Upon any termination of these Terms or suspension, termination or discontinuation of the LifeQ Service or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 8, 9, 10, 12, 13, 14, 16, 17, 18, 19, 20, 21.

  1. Disclaimers

THE LIFEQ SERVICE AND LIFEQ CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.  WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE LIFEQ SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the LifeQ Service or LifeQ Content will meet your requirements or be available on an uninterrupted, secure or error-free basis.  We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the LifeQ Service or any LifeQ Content.

  1. Indemnity

You will indemnify and hold harmless LifeQ and its officers, directors, employees, affiliates, agents, licensors and contractors from and against any claims, suits, actions, demands, disputes, allegations or investigations brought by any third party, governmental authority or industry body, and all liabilities, damages, losses, costs and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the LifeQ Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party.  We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  1. Limitation of Liability

NEITHER LIFEQ, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE LIFEQ SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE OF THE LIFEQ SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIFEQ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL LIFEQ’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE LIFEQ SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO LIFEQ FOR THE USE OF THE LIFEQ SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO LIFEQ, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LIFEQ AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  1. General Terms

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between LifeQ and you regarding the LifeQ Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between LifeQ and you regarding the LifeQ Service and LifeQ Content.

We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the LifeQ Service. When you use the LifeQ Service after a modification becomes effective, you are telling us that you accept the modified Terms and you agree to the modified Terms.

Except as otherwise required by applicable law, these Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of England, and the resolution of any Disputes shall be governed by and construed in accordance with the laws of England.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign, delegate or transfer these Terms, by operation of law or otherwise, without LifeQ’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. LifeQ may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by LifeQ under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the LifeQ Service.  For notices made by email, the date of receipt on the message will be deemed the date on which such notice is transmitted.

LifeQ’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LifeQ. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

  1. Additional Terms May Apply

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

  1. Contacting LifeQ

PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS AT legal@lifeq.com