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Terms of Use
last updated: January 2023
lifeQ aims to keep you well
LifeQ offers products and services that aim to:
help you better understand your health and wellness
help you achieve your health and wellness goals
inspire you to live a healthier and more informed life
help keep you informed about your data use and choices
About these Terms of USE
PLEASE READ THESE LIFEQ SERVICE TERMS OF USE CAREFULLY BEFORE USING THIS LIFEQ (“COMPANY”) SERVICE (“SERVICE” or “PRODUCT”).
THESE SERVICE TERMS OF USE (THE “TERMS OF USE” or “TERMS”) GOVERN YOUR ACCESS TO AND USE OF THE SERVICE.
THE SERVICE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICE.
BY ACCESSING OR USING THE SERVICE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.
These terms of use apply to all lifeQ services
These Terms apply to your access and use of the LifeQ Service provided to you by LifeQ B.V. and our affiliates (all referred to as ‘LifeQ’, ‘we’, ‘us’ or ‘our’).
The LifeQ Service includes our applications, firmware, software, websites, APIs, solutions, products and services.
You must agree to 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. Changes to Terms
We reserve the right to modify or amend the Terms from time to time without notice.
Your continued use of our Service following the posting of changes to these terms will mean you accept those changes.
Additional terms and conditions may apply to the use of specific LifeQ Services. By using our Services, you agree to such terms and conditions, as well as these Terms and our
Privacy Policy
.
2. Jurisdiction/ Governing Laws
If you are domiciled outside of Europe, the Middle East or Africa, all matters relating to the Service and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the applicable laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If you are domiciled in Europe, the Middle East or Africa, all matters relating to the Service and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the applicable laws of Ireland without giving effect to any choice or conflict of law provision or rule (whether of Ireland or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of Ireland. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
3. Indemnification
You indemnify and hold harmless LifeQ and our officers, directors, employees, affiliates, agents, licensors and contractors against any claim or loss arising out of or in any way connected with your: access to or use of the LifeQ Service, content, breach or alleged breach of any warranties in or your violation of any other provision of these Terms, or violation of any law or the rights of a third-party.
The claims and losses you indemnify us against include but are not limited to: 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 reasonable attorneys’ fees.
We reserve the right to assume control of the defense of any third-party claim that is indemnified by you, in which event you must cooperate with us in asserting any available defenses.
4. Limitation of Time to file claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
5. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
6. Privacy and Cookie Policy
For more information about our data practices, please read our
Privacy Policy
, including our
Cookie Policy
, which we incorporate by reference into these Terms. By accessing or using the LifeQ Service, you agree that we may collect and use your information according to our Privacy Policy.
7. Use of LifeQ Services
Children under 18 or without legal capacity in their jurisdiction may not access or use the LifeQ Service.
You are not allowed to access or use the LifeQ Service if:
you are not allowed to receive these services under applicable law, or
you have been suspended or removed from the LifeQ Service.
You may only connect to the LifeQ Service using our authorized connections, which are:
our mobile applications and software,
approved third-party applications, software or devices, or
our websites.
You may not connect to the LifeQ Service through any unauthorized application or third-party connection.
If you violate or try to violate these Terms, we may immediately end your access to the LifeQ Service.
If you are unsure if any product, service or application is an authorized connection, please contact LifeQ
Support
(support@lifeq.com).
8. Contacting LifeQ, Feedback, and Submission Policy
We may use, disclose, reproduce, distribute and exploit any comments, ideas or feedback you submit to us without any restriction or compensation, but subject to your privacy rights under any law that applies.
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.
If you have any questions, complaints, compliments or other feedback about these Terms or the LifeQ Service please contact LifeQ
Support
(support@lifeq.com).
9. Creating an Account
You must create an account to get full use of the LifeQ Service.
We will need information such as your full name, year of birth, sex, height, weight, a valid email address and a strong password to activate your account.
You are responsible for all activity associated with your account.
LifeQ is not responsible under any circumstances for any loss or damage caused by your failure to keep your account credentials confidential.
Please immediately contact LifeQ
Support
(support@lifeq.com) if you discover or suspect any security breach related to the LifeQ Service or your account.
10. Necessary Equipment
You need a LifeQ-connected wearable, a computer and/or supported mobile device with adequate software and internet access to get full use of the LifeQ Service.
You must always make sure your equipment works and is maintained properly and has adequate security for optimal delivery of the LifeQ Service.
11. Posting and Licensing Your Content on the LifeQ Service
Your content includes photos, images, video, data, text, music, exercise regimens, comments and other information and content that you post on or using the LifeQ Service.
We may allow you to post (including to upload, store, share, send or display) your content on or using the LifeQ Service, subject to a limited license that you grant us for the specific purpose of delivering and improving the LifeQ Service.
By posting your content on or using the LifeQ Service, you grant us 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 all or part of your content, including your name and likeness, in any media, for delivering and improving the LifeQ Service.
You may cancel the limited license you grant us for any future use of your content by deleting it or closing your account. This does not affect content we have already lawfully used in terms of the license.
You are responsible for your content and warrant that you own it or have permission to grant us the limited license described in these Terms.
Apart from the limited license you grant us, you retain all rights to your content posted on the LifeQ Service.
12. No Harmful Content or Activity Allowed on the LifeQ Service
You warrant that your content posted on or use of the LifeQ Service will not:
infringe or violate any third party’s intellectual property or personality rights, including any patent, copyright, trademark, trade secret, moral rights or publicity or privacy rights;
violate, or encourage the violation of any law or regulation that applies or gives rise to civil liability;
be fraudulent, false, misleading or deceptive;
be defamatory, obscene, pornographic, vulgar or offensive;
promote bigotry, racism, hatred, harassment, harm or unfair discrimination against any individual or group;
be violent or threatening or promote violence or actions against any person; or
promote illegal or harmful activities or substances.
You also promise not to:
upload any software virus, malware or harmful, disruptive or destructive files or any other content designed to interrupt, destroy or limit the functionality of any equipment or services;
use or try to use another user’s account without permission or to impersonate any person;
collect or solicit information of other users for any reason, including for sending unsolicited communications;
post, advertise or commercially promote products or services, or upload any junk mail, spam, advertising, promotional or competition content, or that promotes or allows criminal activity; or
use the LifeQ Service in any way that we in our sole discretion think is harmful, objectionable or restricts or inhibits any person from using or enjoying the LifeQ Service, or which may expose us or our users to any liability.
If you breach any of our Terms of Use, we may in our sole discretion change, remove or refuse to display any of your content, and may forbid you from posting, uploading, storing, sharing, sending or displaying your content on or using the LifeQ Service.
13. Limitation of Liability and Warranty Disclaimers
THE LIFEQ SERVICE AND LIFEQ CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. 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 THE COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE LIFEQ SERVICE OR LIFEQ CONTENT WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR MEET YOUR NEEDS.
WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE LIFEQ SERVICE OR ANY LIFEQ CONTENT.
The exclusions and limitations of liability for damages set out below are fundamental to the bargain between LifeQ and you.
LifeQ and its suppliers, licensors and any other party involved in creating, producing or delivering the LifeQ Service are not liable for any incidental, special, exemplary, or consequential damages arising out of or in connection with these Terms or from the use of or inability to use the LifeQ Service, including damages: based on lost profits, loss of data or goodwill, service interruption, computer damage, system failure, or the cost of substitute services; based on warranty, contract, tort/delict/negligence, product liability, or any other legal theory; and where LifeQ has been informed of the possibility of such damage.
LifeQ’s total maximum liability arising out of or in connection with these Terms or from the use of or inability to use the LifeQ Service will never exceed the amount you have paid to LifeQ for the use of the LifeQ Service, or $100 if you have not had to pay anything to LifeQ. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
14. Consult Your Doctor Before Using LifeQ and For Any Health Concerns
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 or other activity you receive or learn about through the LifeQ Service, you do so voluntarily and at your own risk.
15 . USE LIFEQ AT YOUR OWN RISK
You rely on any LifeQ content or the LifeQ Service solely at your own risk.
We aim to provide helpful information on the LifeQ Service, but do not in any way endorse, represent or warrant the quality of any content, information or services.
The accuracy of data collected and presented through the LifeQ Service is not intended to match the accuracy 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.
16. LifeQ Intellectual Property and Other Rights
LifeQ respects the intellectual property of others and expects its users to do the same. Our policy is to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders, at our discretion.
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 multiple jurisdictions, including the United States, Europe, Asia and Africa.
We reserve all rights not expressly set out in these Terms.
You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notice incorporated in or displayed with the LifeQ Service.
Our logos and any other LifeQ trademarks 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 and may not be copied, imitated or used, in whole or in part, without the permission of their respective owners or trademark holders.
17. What you can and cannot do on the LifeQ Service
The LifeQ Service is for your personal, non-commercial use.
LifeQ grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
access and use the LifeQ Service;
access and view the LifeQ content;
access and use the software and mobile applications provided by the LifeQ Service; and
use the software embedded into certain devices as authorized in these Terms.
This license is only for your personal, non-commercial use and enjoyment of the LifeQ Service as allowed in these Terms.
You may 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 any portion of the LifeQ content, or LifeQ Service except as expressly allowed 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 do, attempt, encourage or help others to do any of the following in relation to the LifeQ Service:
use, display, mirror or frame the LifeQ Service or any element within it, including the layout and design of any page, without our express prior written consent;
use the LifeQ name or any LifeQ trademark, logo or proprietary information, without our express prior written consent;
access or tamper with non-public areas of the LifeQ Service, computer systems or technical delivery systems of LifeQ’s providers;
test the vulnerability of any LifeQ system or breach any security or authentication measures;
circumvent any technological measure put in place to protect the LifeQ Service by us or any service provider, third party or user;
access the LifeQ Service or LifeQ content other than through an authorized connection, the LifeQ Service or LifeQ’s API; or
modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any part of the LifeQ Service or any software LifeQ provides.
18. LifeQ’s Enforcement Rights
We are not obliged to monitor access or use of the LifeQ Service or to monitor, review or edit any content, but we may do so to operate the LifeQ Service, ensure compliance with these Terms, and to comply with any law or legal requirement that applies.
We may consult with, disclose unlawful conduct to and cooperate with law enforcement authorities to prosecute users who violate the law, in line with due process.
We reserve the right (but are not obliged) to remove or disable access to the LifeQ Service or any content at any time without notice and if we think in our sole discretion that any use of the LifeQ Service or any content is objectionable or violates these Terms.
We may investigate violations of these Terms and any conduct that affects the LifeQ Service, and respond in any way we think appropriate.
19. Electronic Communications, Alerts, and Notifications
We may need to send you and you may receive notifications, text messages, alerts, emails, service announcements, administrative messages and other electronic communications as part of the LifeQ Service. You agree to the receipt of these communications.
You are responsible for any messaging or data fees charged by your wireless carrier.
Any notices, agreements, disclosures or other communications we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
Any notices or other communications given by LifeQ under or about these Terms are given via email or by posting to the LifeQ Service. For notices by email, the date the notice is received is deemed to be the date that email is sent.
20. Used Third-Party Services at Your Own Risk
The LifeQ Service may display, allow access to or use of or linking of your LifeQ account, LifeQ data, your content or the LifeQ Service with certain third-party services.
These third-party services may include content, promotions, websites, applications, products, services and other resources that are not part of the LifeQ Service under our control.
We provide these links only as a convenience and we are not responsible for any services, products or other content available from any third-party services.
You take sole responsibility and assume all risk arising from your interaction with or use of any third-party services.
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.
21. Changes to the LifeQ Service
LifeQ may change, suspend or permanently discontinue any feature or component of the LifeQ Service at any time without notice, without any liability to you or to any third party.
We decide on the timing and content of software updates, which may be automatically downloaded and installed by LifeQ products without prior notice to you.
22. Termination
We reserve the right to suspend or deactivate your account or your access to part 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. We may then delete or remove your content and other information related to your account.
On termination of these Terms or suspension, termination or discontinuation of the LifeQ Service or your account, certain provisions of these Terms are intended to and will remain in force, including 3, 6, 8, 11, 12, 13, 14, 16, 18, 19, 20, 22, 23 and 24.
You may close your account at any time by contacting
Support
(support@lifeq.com).
23. General Terms
These Terms are the entire agreement between you and LifeQ about the LifeQ Service and LifeQ content. They supersede and replace any prior verbal or written understanding or agreement between you and us about this.
We will notify you before we make material changes to these Terms and give you an opportunity to review the changed Terms before continuing to use the LifeQ Service.
When you use the LifeQ Service after a change becomes effective, you accept and agree to the changed Terms.
Except as otherwise required by any law that applies, English law governs these Terms and applies to any dispute.
If a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision must be enforced to the maximum extent possible and the other provisions of these Terms will remain in full force.
You may not assign, delegate or transfer these Terms, by operation of law or otherwise, without LifeQ’s prior written consent. Any attempt to do so without such consent is invalid.
LifeQ may freely assign or transfer these Terms without restriction.
These Terms bind the parties, their successors and permitted assigns.
LifeQ’s failure to enforce any right in these Terms is not a waiver of that right. Any such waiver is only effective if in writing and signed by LifeQ’s authorized representative.
The exercise by either party of any remedies under these Terms is without prejudice to any other remedies available to that party.
24. Additional Terms May Apply
Additional terms may apply to certain products or services.
If there is any conflict between these and any additional terms, the additional terms apply.
25. CONTACTING LIFEQ
If you have any questions, complaints, compliments, or other feedback about these Terms or the LifeQ Service please email us at
support@lifeq.com
.