Last updated: February 16, 2016
1. SYSTEM AND SOFTWARE REQUIREMENTS.
Use of the Service may require a compatible mobile device and Internet access. Your ability to use the Service may be affected by the performance of these items. You acknowledge and agree that all such system requirements, which may be changed from time to time, are your responsibility. Further, you agree to always use the most recent version of the Service made available by Quanttus.
2. HEALTH INFORMATION.
You expressly acknowledge that Quanttus and the Service do not provide medical advice or care. The contents of the Service, which may take the form of data, text, software, code, music or other sounds, photographs, graphics, video, opinions, recommendations, suggestions (e.g., regarding diet), statements, services, offers, or any other communications, information, material or content (collectively, the “Quanttus Content”) and all results of your use of the Service (including without limitation any biometric data and measurements) (the “Results”) are for informational purposes only. Quanttus is not responsible for any health problems that may result from your use of the Service. Quanttus will not be responsible to you or anyone else for the Quanttus Content or the Results or for any error or omission therein. The Quanttus Content and the Results are not a substitute for professional medical advice, diagnosis or treatment. Quanttus is not a licensed medical care provider and has no expertise in diagnosing, examining or treating medical conditions or determining the effect of any course of action or treatment on a medical condition. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or before undertaking any course of action as a result of any Quanttus Content or Results. Never disregard professional medical advice or delay in seeking it because of any Quanttus Content or Results.
If you think you may have a medical emergency, call your doctor or 911 immediately. Quanttus does not make any recommendation or endorsement of anything mentioned, referenced or linked to on the Service, including any Quanttus Content or Results. Reliance on any Quanttus Content or Results is solely at your own risk regardless of who the source of the Quanttus Content or Results may be, including whether provided by Quanttus, Quanttus employees, others contributing to the Service, or any other users of the Service. Quanttus is not responsible for any health problems that may result from any exercise or training program, health-related habits or modifications that you learn about through the Service. If you engage in any such program, habit or modification, you agree that you do so at your own risk.
3. USER ACCOUNT AND USER CONTENT.
3.2 Restrictions. You agree that you will not under any circumstances: (a) register for multiple accounts; (b) use the Service for any unlawful purpose or for the promotion of illegal activities; (c) attempt to, or harass, abuse or harm another person or group; (d) send “spam” or unsolicited bulk emails; (e) use another user’s User Account without permission; (f) interfere or attempt to interfere with the proper functioning of the Service; (g) make any automated use of the system, or take any action that Quanttus deems to impose or to potentially impose an unreasonable or disproportionately large load on Quanttus’ servers or network infrastructure; (h) collect or harvest any data about other users; or (i) bypass any robot exclusion headers or other measures Quanttus takes to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service to harvest or manipulate data.
4. LICENSE TO YOU.
4.2 Restrictions. Except as otherwise permitted under Section 4.1, you shall not and shall not permit any third party to, directly or indirectly: (a) use, copy, reproduce, modify, adapt, alter, or create derivative works of the Service; (b) distribute, sell, assign, sublicense, lease, loan, rent, timeshare, publicly display, provide access to, or transfer the Service, (c) derive or attempt to derive the source code of all or any portion of the Service, (d) reverse engineer, decompile, disassemble, or translate the Service or any part thereof, and (e) merge the Service with other software, firmware or devices.
4.3 Imposition of Limits. You acknowledge that Quanttus may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that User Content will be retained by Quanttus and the maximum storage space that will be allotted on your behalf.
5. Intellectual Property.
6. Confidential Information.
6.3 The obligations set out in Section 6 shall not apply to any Proprietary Information to the extent you can demonstrate, by clear and convincing evidence, that such Proprietary Information:
(b) is in your possession at the time of disclosure otherwise than as a result of your breach of any legal obligation;
(c) becomes known by you through disclosure by sources other than Quanttus having the legal right to disclose such Proprietary Information; or
(d) is independently developed by you without access to the Proprietary Information.
6.4 You agree that you shall not receive any right, title or interest in, or any license or right to use, the Proprietary Information or any patent, copyright, trade secret, trademark or other intellectual property rights therein, by implication or otherwise.
6.5 You shall, upon any suspension or termination of your access to or use of the Service or at the request of Quanttus, return or destroy all Proprietary Information (and copies and reproductions thereof) in accordance with Section 8.2. Notwithstanding the return or destruction of the Proprietary Information, you will continue to be bound by your obligations of confidentiality and other obligations hereunder. The confidentiality obligations imposed by this Agreement shall continue in perpetuity.
7. NO OBLIGATION.
8.2 Return or Destruction of Proprietary Information. Upon any suspension or termination or your access or use of the Service in accordance with Section 8.1, you shall immediately (a) return to Quanttus all Proprietary Information received by you (and all copies and reproductions thereof), in the manner specified by Quanttus, and (b) destroy: (i) any notes, reports or other documents prepared by you which contain Proprietary Information; and (ii) any Proprietary Information (and all copies and reproductions thereof) which is in electronic form or cannot otherwise be returned to Quanttus.
8.3 Survival. The following provisions will survive any suspension or termination of your access or use of the Service: Sections 2, 3.2, 5, 6, 7, 8.2, 8.3, and 9 – 14.
9. INJUNCTIVE AND EQUITABLE RELIEF.
11. DISCLAIMER OF WARRANTIES.
12. LIMITATION OF LIABILITY.
In some jurisdictions, it is not permitted to limit certain types of liability and therefore such limitations to the extent they exclude such liability may not apply to you. IN SUCH JURISDICTIONS, QUANTTUS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Last updated: December 10, 2015
Quanttus does not knowingly collect personal information from children under 13. If we learn that we have collected the personal information of a child under 13, we will take steps to delete that information as soon as possible.
WHAT INFORMATION DO WE COLLECT?
Information you provide at registration or as part of your profile (“Registration Information”)
In order for you to use certain features of the Service, we may ask you to provide a user account name, password and a valid email address. As part of your profile, you may also provide us with your name, height, weight, gender, age, and specific information about your medical history and behaviors, including smoking and drinking.
Information collected by the Website (“Web Access and Usage Information”)
When you access the Service through the Website, we may collect certain information automatically and store it on our servers. This information includes internet protocol (IP) address.
We use text files called persistent cookies to help us better understand user behavior by telling us which parts of our website people have visited, which enables us to improve the usability, performance and effectiveness of the Website and the Service. We also use Google Analytics, which includes a tracking token, and may use other technologies in the future, for similar purposes. These monitoring tools collect information anonymously and report website trends to us without identifying individual visitors. This information can be combined with the information you have generated and transmitted to or through us or provided to us, which will enable us to analyze and better customize your use of the Service.
Biometric information collected by other devices (“Biometric Information”)
During the period, we may also ask you to use a variety of biometric measurement devices, such as blood pressure cuffs, bio harnesses and activity trackers.
When you use these other devices, we collect certain information including your biometric data including heart rate, blood pressure, temperature, respiration rate and activity, caloric consumption, sleep cycles, Device ID or phone number, and device calibration parameters.
Access and Usage Information collected by the App (“Access and Usage Information”)
When you access the Service through the App on your mobile device, Quanttus creates an Access Token which logs you into your user account automatically. When you access the Service through our mobile application, Quanttus will ask you for permission to collect and store real time location data. We will store this data on your mobile device only. However, you can choose not to share your location information with us, including by using the settings on your mobile device. We may use an in-app analytics service that can track user interface events (e.g., button taps), location data, and device and mobile OS type. These analytics will only report information to us in aggregate and anonymously.
Through the settings on your mobile device, you can elect not to transmit location data to Quanttus and not to receive push notifications. We may also track any information you enter to the App or Website via your mobile device, including but not limited to activities and manual measurements (e.g., blood pressure, heart rate, weight).
“Survey Response Information”
We may request users of Services to complete questionnaires or surveys regarding your experience. We may use the responses to improve the Services.
HOW DO WE USE YOUR INFORMATION?
We may collect, store, use, transfer, and disclose Web Access and Usage Information and Access and Usage Information for any purpose.
We will use your Registration Information to enable your persistent access, provide you with customer service, manage our Services, and authenticate your visits and usage. We may also use your Registration Information to contact you from time to time to inform you of changes to this policy or other important information, as well as for the other purposes set forth in the next paragraph.
We will use your Registration Information, Biometric Information and Survey Response Information for all purposes necessary to ensure the regular operation of your account and/or availability of the Service, as well as to improve the Website, the App, and the Service. These include, among other things, conducting research about your use of the Service; providing you with the Service; improving the Service and/or offering new products or services to you; informing you about events; inviting you to participate in new initiatives or feature and product upgrades, contacting you to obtain testimonials or for other promotional purposes; performing quality control activities; applying for FDA approvals and clearances; and conducting other R&D.
Should you wish not to receive any e-mails from us that are not necessary to ensure the regular operation of your account and/or availability of the Service, you can email us at [email@example.com] and we will respect your preferences.
DISCLOSURE OF YOUR INFORMATION
We may disclose your information as follows:
Third-party service providers: we may, from time to time, outsource some or all of the operations of our business to third-party service providers or partner with third parties for special projects or initiatives, including the development of new products or services. We aim to provide such third parties with the minimum amount of information needed for the purpose of accomplishing their tasks.
Legal Investigations and requests: we may disclose your information to law enforcement agencies or other governmental agencies when required to do so or when, in good faith, we believe it is necessary in order to comply with legal obligations.
We may also share with third parties aggregated or de-identified information, which cannot be reasonably used to identify you, including for marketing and research purposes.
RETENTION OF YOUR INFORMATION
If you don’t want to receive any emails that are not necessary to ensure the regular operation of your account or the availability of the Service, you can email us at firstname.lastname@example.org.
You can stop using the Service at any time. If you want to stop using your account, you may permanently delete it by emailing us at email@example.com. Once deleted, all data is considered irrecoverable. Quanttus has no obligation to recover your deleted data on request so please make this decision carefully.
If you object to our disclosure of your information as set out above under “Disclosure of Your Information,” you may opt out by emailing us at firstname.lastname@example.org, but this may prevent you from being able to make use of the Service.
HOW TO UPDATE YOUR INFORMATION
You can update the content and accuracy of your information at any time by contacting us at email@example.com.
If you forget your account password, you can reset your password using the ‘Reset my password’ button on the account sign-in screen. An email will be sent to your address containing a link. Clicking on this link will take you to a webform where you can reset your password.
Quanttus takes reasonable security measures such as password protection and encryption as we deem appropriate to protect the information we collect from misuse, unauthorized access, disclosure, alteration and destruction. All communication between your mobile device and our servers is SSL-encrypted for your privacy. While we do use care to protect your information, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, we cannot and do not guarantee the security of any information you transmit on or through the Service, and you do so at your own risk.
The Service is hosted and operated entirely in the United States. If you reside outside the U.S., your information will be transferred to the U.S. and processed and stored there under U.S. privacy standards. By using the Service and providing information to us, you consent to such transfer and processing of your information by Quanttus.
NOTIFICATION OF CHANGES TO THIS POLICY