Effective date November 1, 2016

Introduction

Welcome to Unleash.me. We know you are excited to get started using our Smart Watch and Mobile Application (“app”) and we want to ensure that you have an understanding of the Terms of Use and Privacy Statement associated with the app. Please read this document carefully, as it contains important information about your rights and obligations as well as other terms or limitations that may apply to you if you download and use the app.

Before you begin, you confirm and acknowledge:

  • that you are at least 18 years of age;
  • that you have read and understood the Terms of Use and Privacy Statement;
  • that you further understand that the Terms of Use and Privacy Statement constitute a legal, binding agreement between you and Unleash.me.

The following Terms of Use and Privacy Statement govern use of the app, as provided by Unleash.me, by all those who access the app, including without limitation, persons and representatives of entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store or transmit digital content (collectively, “you” or “your”).

If Unleash.me makes any material changes to the app or to the Terms of Use and Privacy Statement, you will be required to re-accept the Terms of Use and Privacy Statement.

Terms of Use

Permission is granted to temporarily download materials (information) through Unleash.me’s app for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of the restrictions listed in this policy and may be terminated by Unleash.me at any time. You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using of the Services in a way that breaks the law.

This app provides the following features:

  • iPhone®App
    • Log how you are feeling: Log emotions throughout the day and track mood fluctuations over time
    • Summary: Shows graphs and other forms of reporting
    • Notification: Push notification at certain intervals of a day asking user to input their mood
    • App: User can launch the Unleash.me app on the phone to log mood and view reporting
  • Apple WatchTMIntegration
    • Log how you are feeling: Log emotions throughout the day and track mood fluctuations over time
    • Summary: Shows graphs and other forms of reporting
    • Notification: Push notification at certain intervals of a day asking user to input their mood
    • App: User can launch the Unleash.me app on the watch to log mood and view reporting

You agree to:

  • Be familiar with your mobile contract and associated wireless fees. You are responsible for any mobile data fees and other third-party charges you may incur in connection with your access, download and use of the app;
  • Allow data associated with this app to be stored in the memory on your mobile phone;
  • Activate the security and privacy settings (for example, passwords and screen locking) on your mobile phone;
  • Protect your unique password from any unauthorized use;
  • Use the app for personal non-commercial purposes only; if you print pages from this app, you may only use them for your own personal use;
  • Ensure that any graphics, text, photographs, images, video, audio or other material you provide to or post on the app does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights;
  • Exercise caution, good sense and sound judgment in using the app;
  • Transmit any information to or through the app as truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information;
  • Be responsible for all use of the app by you and by those you allow to use, or provide access to, the app.

You agree to not:

  • Transmit or disclose information about another person or otherwise harass any other person;
  • Delete or revise any content on this app except your own information;
  • Use any device or computer program in order to interfere or attempt to interfere with the proper use of this app in any way, and you agree not to impede or interfere with others’ use of the app;
  • Copy, reprint, modify, lease, distribute, assign, sell content, license, reverse engineer or create derivative works retrieved from this app or any of the third party websites we may provide links to;
  • Send through the app, content containing adware, chain letters, junk mail, unsolicited mass mailings, spam, pyramid schemes, advertisements, personal solicitations or commercial solicitations;

Disclaimer:

  • The materials in Unleash.me’s App are provided “as is”. Unleash.me makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Unleash.me does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in its App or otherwise relating to such materials or on any sites linked to this site.
  • In no event shall Unleash.me or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials in Unleash.me’s App, even if Unleash.me or a Unleash.me authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
  • me may revise these terms of use at any time without notice. By using this App you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

 

Privacy Statement

This Privacy Statement covers our treatment of personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Services, but not to the practices of companies we don’t own or control, or people that we don’t manage. We gather various types of Personal Information from our users, and we use this Personal Information internally in connection with our Services, including to personalize and improve our Services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, to provide and improve the Service, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below.

We’re constantly trying to improve our Services, so we may need to change this Privacy Statement from time to time as well, but we will alert you to changes by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Statement have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Statement in effect at the time such information is collected.

Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

 

Information You Provide to Us:

We receive and store any information you knowingly provide to us. For example, through the registration process, online assessment, and/or through your account settings, we may collect Personal Information such as your first name, email, and phone number. Certain information may be required to register with us or to take advantage of some of our features.

We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers opportunities to participate in research studies, or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our Services. If you do not want to receive communications from us, please indicate your preference by emailing us.

 

Information Collected Automatically:

Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, device identification, “cookie” information, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. If you click on a link to a third party website or service, such third party may also transmit cookies to you. Again, this Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices.

We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.

 

Information Collected From Other Websites and “Do Not Track” Policy:

Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Services. Just like any other usage information we collect, this information allows us to improve the Services and customize your online experience, and otherwise as described in this Privacy Statement. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. When you turn on the Do Not Track function in your browser, we stop collecting the information from your browser that allows us to tailor advertisements and other content specifically to you that is based on your visits to our advertising partners’ websites. Specifically, we stop collecting information from the unique browser cookie that links your browser to visits to third party sites. Do Not Track signals are set on a browser-by-browser basis, so you must set them on every browser you use if you do not wish to be tracked. Remember that this is just our Do Not Track policy, and we can’t and don’t make any promises about how third parties react when you set this signal on your browser.

 

Affiliated Businesses:

In certain situations, businesses or third party websites we’re affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

 

Agents:

We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us, unless otherwise described in this Privacy Policy.

 

User Profiles and Submissions: 

Certain user profile information, including your name, location, and any video or image content that you have uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services. Your account privacy settings may allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by others. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments.

 

Business Transfers:

We may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that would be transferred. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.

 

Protection of Unlesh.me and Others:

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Unleash.me, our employees, our users, or others.

Disclaimer:

We neither rent nor sell your Personal Information in personally identifiable form to anyone. However, we may share your Personal Information with third parties as described below.

  • Aggregated Personal Information that’s no longer personally identifiable. We may de-identify or anonymize your Personal Information so that you are not individually identified, and provide that information to our partners. We also may combine your de-identified information with that of other users to create aggregate de-identified data that may be disclosed to third parties who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. For example, we may use information gathered to create a composite profile of all the users of the Program to understand community needs, to design appropriate programs and activities, and to assess real world validity and feasibility assessments. However, we never disclose aggregate information to a partner in a manner that would identify you personally, as an individual.

iOS and HealthKit

iOS is the Apple® platform for mobile apps and includes a new tool for app developers called HealthKit. As stated on the Apple HealthKit website, “HealthKit allows apps that provide health and fitness services to share their data with the new Health app and with each other. A user’s health information is stored in a centralized and secure location and the user decides which data should be shared with the app.” The HealthKit functionality allows Unleash.me to access and collect your app data which Unleash.me uses for utilization metrics.

 

Miscellaneous

Limitation of Liability You understand and agree that the downloading of the app to your device is at your discretion and risk. You will be solely responsible for any damages to your mobile phone or loss of data that results from such download and use.

Unleash.me and its licensors have no liability for any damages (whether direct or indirect, special, incidental, consequential or punitive) incurred by you as a result of your use of this app or the information you receive from or submit to this app.

Unleash.me and its licensors shall have no liability whatsoever for failure of electronic or mechanical equipment or communication, telephone or other connection problems, computer viruses, unauthorized access or interception of data from this app, theft, or errors. Use of an app is unlikely to be uninterrupted or error free. Interruptions of the app will occur from time-to-time for many reasons, such as when mobile coverage is not available from your wireless carrier and outages and periodic maintenance experienced/performed by your wireless carrier.

Ownership and Copyright Protection
All right, title and interest in the content (including software, text and images) and other intellectual property (including trademarks, service marks and copyrights) in this app are solely and exclusively the property of Unleash.me or its licensors, and are protected by intellectual property laws. You acknowledge that content available through the app, including, without limitation, content of third parties is protected by copyright, trademark, patent or other intellectual proprietary rights and laws.