- 2. GLOBAL TERMS AND CONDITIONS
- 3. YOUR USE OF THE DIGITALSELF APPS
- 4. LICENSE GRANT
- 5. LICENSE RESTRICTIONS AND USAGE RULES
- 6. SUBSCRIPTION PLANS
- 7. TERMINATION AND SURVIVAL
- 8. LICENSE TO DIGITALSELF OF USER GENERATED CONTENT
- 9. PROPRIETARY RIGHTS
- 10. MODIFICATION OF THIS AGREEMENT
- 11. INDEMNIFICATION
- 12. DISCLAIMER OF WARRANTY
- 13. LIMITATION OF LIABILITY
- 14. SUSPENSION OF THE DIGITALSELF APPS AND DIGITALSELF SERVICES
- 15. INJUNCTIVE RELIEF
- 16. CHOICE OF LAW AND JURISDICTION
- 17. ENTIRE AGREEMENT
- 18. SECTION TITLES
- 19. NON-WAIVER
- 20. SEVERABILITY
- 21. ASSIGNMENT
- 22. PRODUCT QUESTIONS, COMMENTS, CLAIMS AND CONTACT INFORMATION
- 24. WHAT INFORMATION DO WE COLLECT?
- 25. HOW DO WE USE THE DATA WE COLLECT?
- 26. CHILDREN UNDER THE AGE OF 13
- 27. CHANGES TO OUR POLICY
- 28. HOW DO WE STORE AND MAINTAIN PERSONAL INFORMATION?
- 29. DISCLOSURE OF YOUR INFORMATION
- 30. COOKIES – WHAT ARE THEY AND HOW DO WE USE THEM?
- 31. LINKS
- 32. YOUR RIGHTS
- 33. JURISDICTION
- the Apple iPhone store website (the “Apple Site”) located at http://www.apple.com/iphone/appstore;
- the Google Play store website (the “Google Site “) located at https://play.google.com/store?hl=en; or
- directly from DigitalSelf at https://digital-self.com
Both you and we acknowledge that this Agreement is between us and you, and that Apple, Inc. and its subsidiaries (collectively, “Apple”) and Google, Inc. and its subsidiaries (collectively, “Google”) are not parties to this Agreement.
GLOBAL TERMS AND CONDITIONS
This Agreement is conditional upon your agreement also to:
- The Apple Site Terms of Service http://www.apple.com/legal/internet-services/itunes/us/terms.html with Apple (the “Apple Terms of Service”); and
- The Google Site Terms of Service https://play.google.com/intl/en_us/about/play-terms.html with Google (the “Google Terms of Service”).
Upon valid acceptance of this Agreement, you agree and understand that you are bound by the Apple Terms of Service and Google Terms of Service
YOUR USE OF THE DIGITALSELF APPS
DigitalSelf Apps permit you to use the DigitalSelf software application for mobile devices and the DigitalSelf information technology metaverse, augmented reality and virtual reality platforms (“DigitalSelf Services”) that DigitalSelf may make available from time to time from your mobile device and/or desktop computer (collectively, “Device”).
We grant you a limited, terminable, non – sub-licensable, non-transferable, non-exclusive license to install and use the DigitalSelf Apps on any Device that you own or control solely:
- For your personal use in connection with using the DigitalSelf Services; and
- As permitted by the Apple Terms of Service or Google Terms of Service (as applicable).
This Agreement will also govern any software upgrades provided by DigitalSelf that replace and/or supplement the original DigitalSelf Apps, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
Neither Apple nor Google has any obligation to provide you with any updates, maintenance or support services for the DigitalSelf Apps
LICENSE RESTRICTIONS AND USAGE RULES
You may not use the DigitalSelf Apps on any Device that you do not own or control, and you may not distribute or make the DigitalSelf Apps available over a network where it could be used by multiple devices at the same time.
You may not rent, lease, lend, sell, redistribute or sublicense the DigitalSelf Apps.
You may not copy (except as expressly permitted by this Agreement and the usage rules described in Section 3.2), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the DigitalSelf Apps, any updates or any part thereof (except to the extent any foregoing restriction is permitted by applicable law).
You represent and warrant that you will use the DigitalSelf Apps and the DigitalSelf Services in accordance with all applicable contracts, laws, rules and regulations.
You acknowledge that the DigitalSelf Apps may contain security technology that limits your usage of the DigitalSelf Apps to the following applicable usage rules.
Whether or not the DigitalSelf App is limited by security technology, you agree to use the DigitalSelf Apps in compliance with the applicable usage rules:
- Your use of the DigitalSelf Apps is conditioned upon your prior acceptance of the terms of this Agreement;
- You will not attempt to, or encourage or assist any other person to circumvent or modify any security technology or software that is part of the Service (as defined in the Apple Terms of Service) or used to administer the Usage Rules (as defined in the Apple Terms of Service);
- The delivery of the DigitalSelf Apps does not transfer to you any promotional use rights in the DigitalSelf Apps;
- You shall be able to manually sync the DigitalSelf Apps from at least one authorized device to devices that have manual sync mode, provided that the DigitalSelf Apps are associated with an Account (as defined in the Apple Terms of Service) on the primary iTunes authorized device, where the primary iTunes-authorized device is the one that was first synced with the device, or the one that you subsequently designate as primary using iTunes;
- You acknowledge and agree that you are solely and entirely responsible for the digital content you use, including but not limited to text, images, graphics, videos, 3D models, web links etc.;
- You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the DigitalSelf Apps any of the following:
- a) User Generated Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- b) User Generated Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Generated Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- c) User Generated Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- d) Private or confidential information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
- e) User Generated Content that, in the sole judgment of DigitalSelf, is objectionable or which restricts or inhibits any other person from using or enjoying the DigitalSelf Apps, or which may expose DigitalSelf or its users to any harm or liability of any type.
- Should your content places a significant burden on our Platforms or negatively impact the work of our Website, we reserve the right to restrict or temporarily disable access to your digital content; and
- To improve the efficiency and performance of our Platforms, we reserve the right to remove any user generated content that has been inactive. For the purposes of this article, inactive means the user generated content that had no activity during two calendar months.
- Part of the DigitalSelf Services are available only on a subscription basis. Subscription plans are published on the Platforms. By applying for a subscription plan on the DigitalSelf Platforms, you agree to the terms set forth in this section.
- The subscription will be activated as soon as DigitalSelf has been able to verify your payment.
- The subscription is charged automatically once per month and entered on the basis of auto-renewal. Unless you change your subscription plan to free, we will renew your subscription automatically by withdrawing the subscription price from your authorized credit card account on the next billing cycle.
- Failure to charge your card account will result in an immediate suspension of your subscription.
- We have various subscription plans with their respective prices, which can be reviewed from time to time.
- We reserve the right to change the subscription plans and prices at any time without further notice. Such changes will come into effect for your subscription on the next renewal date.
TERMINATION AND SURVIVAL
- If you breach this Agreement, including, but not limited to, violating the Usage Rules in Section 3.2 (6) above, we may immediately terminate this Agreement, but all provisions of this Agreement except Section 2 (“License Grant”) will survive termination of this Agreement for any reason and continue in effect.
- We may terminate this Agreement without cause, for any reason by giving you at least one calendar months’ notice.
- Upon termination, either for cause as provided in Section 5 (1) or without cause as provided in Section 5 (2), you must destroy all copies of the DigitalSelf Apps.
LICENSE TO DIGITALSELF OF USER GENERATED CONTENT
By using the DigitalSelf Apps to view digital content from our servers, you are also submitting digital content viewed by you on your Device to our servers.
You agree to grant, and thereby grant, to us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, non-revocable, worldwide license to copy, modify, and otherwise use content viewed by you using your Device (“User Generated Content”) to make the DigitalSelf Services available to you and for our general business purposes.
You hereby acknowledge and agree that the use of the DigitalSelf Apps and the DigitalSelf Services is sufficient consideration for the grant of this license to us.
You represent, warrant and undertake that the User Generated Content does not and will not infringe the rights (including the Intellectual Property Rights) of any third party and shall comply with all applicable laws.
You shall indemnify DigitalSelf and shall keep DigitalSelf indemnified from and against all losses arising out of or in connection with any claim or allegation that the User Generated Content infringes all applicable laws and/or the rights (including, without limitation, the Intellectual Property Rights) of any third party.
We reserve all intellectual property rights in the DigitalSelf Apps and the DigitalSelf Services, except for the rights expressly granted in this Agreement
You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the DigitalSelf Apps.
This Agreement does not grant you any right to use the trademarks, service marks or logos of DigitalSelf or its licensors
MODIFICATION OF THIS AGREEMENT
We may need to modify this Agreement from time to time. In most circumstances, the reasons for these modifications are to reflect changes in the law, to meet regulatory requirements or to reflect new industry guidance and codes of practice.
If we modify the Agreement, we will post a notice on the DigitalSelf Website located at https://www.digital-self.com. If you do not wish to accept the new agreement, you may terminate this Agreement by deleting the DigitalSelf Apps.
We will have no obligation with respect to any claim under Section 9.1 unless:
- You promptly notify us about the claim;
- You allow us to have sole control of the defense and settlement of such claim; and
- You provide us with reasonable assistance in connection with our defense and settlement of such claim.
If the DigitalSelf Apps infringe or misappropriate, or, in our reasonable determination, is likely to infringe or misappropriate any third party’s intellectual property rights, then we may, at our sole option and expense:
- Obtain from the third party the right to continue to use the DigitalSelf Apps consistent with the rights granted hereunder; or
- Modify the DigitalSelf Apps to avoid and eliminate such infringement or misappropriation.
We will not be liable for any infringement based on:
- Modification of the DigitalSelf Apps by anyone other than us; or
- The combination of the DigitalSelf Apps with other software, items or processes not furnished by us if such infringement would have been avoided by the use of the software alone.
DISCLAIMER OF WARRANTY
The DigitalSelf Apps and the DigitalSelf Services have been developed with, and have been provided with, reasonable care and skill. DigitalSelf does not make any other promises or warranties about the DigitalSelf Apps and/or DigitalSelf Services and in particular does not warrant that:
- The DigitalSelf Apps will provide uninterrupted or error-free use and the DigitalSelf Services will be uninterrupted or error-free; and
- The DigitalSelf Apps and DigitalSelf Services will operate free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion. You shall be responsible for backing up your own system.
In no case shall DigitalSelf be liable for any loss or damage caused by the DigitalSelf Apps DigitalSelf Services or where:
- There is no breach of a legal duty of care owed to you by DigitalSelf;
- It is not a reasonably foreseeable result of any such breach;
- Any increase in loss or damage results from breach by you of any term of this Agreement;
- It results from a decision by DigitalSelf to suspend or terminate your access to the DigitalSelf Apps or the DigitalSelf Services, or to take any other action during the investigation of a suspected breach or as a result of a breach, of this Agreement;
- It relates to loss of income, business or profits, or any loss of data or corruption of data in connection with your use of the DigitalSelf Apps or the DigitalSelf Services; or
- The loss or damage is indirect.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OR ANY OF OUR CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE DIGITALSELF PLATFORMS AND/OR SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE DIGITALSELF PLATFORMS AND/OR SERVICES.
SUSPENSION OF THE DIGITALSELF APPS AND DIGITALSELF SERVICES
We can, at any time, suspend your use of the DigitalSelf Apps and/or DigitalSelf Services. We will do this if we think it is reasonably necessary because:
- We have concerns about the security of the DigitalSelf Apps or DigitalSelf Services;
- We are obliged to do so in order to comply with the order of a court, regulatory authority or other government body; or
- We reasonably believe that you are using the DigitalSelf Apps or DigitalSelf Services in a manner that is inconsistent with or breaches any of our, Apple or Google’s usage rules
- We believe that the content created/posted/saved by you on the DigitalSelf Platforms violate the Usage Rules.
We will usually give you advance notice of any suspension and tell you why. However, we will not do so if this would compromise our reasonable security measures or it is unlawful to do this. Occasionally, we may not be able to contact you to give you advance notice.
We will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.
CHOICE OF LAW AND JURISDICTION
In the unlikely event that you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of the State of New Jersey, USA applicable to agreements made and to be entirely performed within the State of New Jersey (even if your use is outside of the State of New Jersey), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this website or these terms shall be filed only in the state or federal courts located in the State of New Jersey and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
This Agreement constitutes the entire agreement between you and us regarding the use of the DigitalSelf Platforms and the DigitalSelf Services and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement by providing you with notice of such assignment. If you do not wish our rights under this Agreement to be assigned to a third party, you may terminate this Agreement by providing us with written notice of the same.
PRODUCT QUESTIONS, COMMENTS, CLAIMS AND CONTACT INFORMATION
We, and not Apple or Google, are responsible for addressing any questions, comments or claims relating to the DigitalSelf Apps and the DigitalSelf Platforms and/or your use of such, including but not limited to:
- product liability claims;
- personal data claims;
- any claim that the DigitalSelf App and/or DigitalSelf Platforms fail to conform to any applicable legal or regulatory requirement; and
- Claims arising under consumer protection or similar legislation.
If you have any comments or questions, please contact DigitalSelf at firstname.lastname@example.org If you believe that any material within the DigitalSelf Platforms and DigitalSelf Services infringe upon your copyright, pursuant to the Digital Millennium Copyright Act, please send your written notice of infringement to:
614 N. Dupont Hwy, Ste 210
Dover, Delaware 19901
You may also email any claims to: email@example.com
We take the privacy of users of the Platforms seriously. We will obtain, retain and process information (including your personal and sensitive data) in accordance with the applicable law. We respect your right to privacy and we understand that, as a visitor to our Platforms, you prefer to control your own personal information and preferences. [For this reason, we may ask you to register or to provide personal information and preferences when you visit certain areas of the Platforms or request information.]
WHAT INFORMATION DO WE COLLECT?
In general, your use of our website as a site visitor is anonymous: we do not engage in any activity that will personally identify our site visitors.
We collect Personal Information (such as name, address and e-mail address for example) provided by you when you use the Platforms.
In particular, we may collect information from you through the Platforms in the following circumstances:
- When you contact us by email or through the Platforms with any particular comments or inquiries;
- When you sign up / register on the Platforms;
- When you sign-up to the DigitalSelf newsletter; and
- When you contact us to receive details about DigitalSelf products and services.
Marketing and communications data includes preferences in receiving marketing from DigitalSelf and your communications preferences. For more details about data collection through the DigitalSelf apps, please see “Use of DigitalSelf Applications Through Mobile Devices” below.
We may collect additional information in connection with your participation in any promotions or competitions offered by us and information you provide when giving us feedback or completing profile forms and questionnaires. We also monitor customer traffic patterns and the use of the Platforms which enables us to improve the products and services we provide. Please note that while we do not explicitly collect personal information, we will treat any information held in accordance with the Data Protection Act 1998 and all applicable laws and regulations governing the protection and privacy of personal information.
You have the right to withdraw consent to marketing at any time by unsubscribing by emailing us at firstname.lastname@example.org.
We will only retain your personal information for as long as necessary to fulfil the purposes of satisfying any legal, accounting, and/or reporting requirements.
HOW DO WE USE THE DATA WE COLLECT?
- To deliver our products and services;
- To provide more personalized services;
- To contact you regarding the products or services that you have requested;
- To respond to any comments or queries you may have;
- To carry out auditing, research and analysis in order to maintain, protect and enhance the products and services we provide;
- To transfer your details (including account details) to relevant third parties, public bodies, industry organizations and regulators as reasonably required for the operation of our business; and
- To disclose your details to government and associated organizations as required by law.
Where you have not objected to such use, we might also use your information to let you know about other products and services which we offer which may be of interest to you. If you do not object initially, but you change your mind later, please email us at: email@example.com.
CHILDREN UNDER THE AGE OF 13
The Platforms are not intended for children especially those under 13 years of age. You must be 13 years of age or older to register, or use the Platforms in any manner. By registering, visiting, downloading and using the Platforms, you represent and warrant to DigitalSelf that you are 13 years of age or older, and that you have the right, authority and capacity to use the website and/or mobile application.
CHANGES TO OUR POLICY
HOW DO WE STORE AND MAINTAIN PERSONAL INFORMATION?
All of our employees are subject to obligations of confidentiality regarding information which they have access to in the course of their employment including the personal information of customers. All personal information is held in secure computer storage facilities and paper-based files. We take steps to protect the personal information we hold from misuse, loss, unauthorized access, modification or disclosure.
It may be necessary for us to maintain our records for a number of years. However, when information is no longer required, we will destroy records containing personal information securely.
DISCLOSURE OF YOUR INFORMATION
We may employ other companies and individuals to carry out functions on our behalf including sending mail, providing marketing assistance, analyzing data and providing customer service. In order to carry out their functions, these companies and individuals may require access to your personal data, but we shall only disclose such relevant personal information as is needed by them to perform their functions.
Where requested to do so, we may co-operate with any court, tribunal, regulatory body, police authority or other similar authority in any investigations or proceedings concerning you or your use of the Platforms. This may include disclosing information about communications transmitted via the Platforms to such authorities where required.
We may also use and share information relating to groups of customers, without identifying individuals, to learn more about customer behavior and find ways of enhancing our service.
COOKIES – WHAT ARE THEY AND HOW DO WE USE THEM?
We may collect certain information by automated means, such as cookies and web beacons, when a user visits our Platforms. A “cookie” is a small piece of data that a website can send to your browser, which may then be stored on your system.
We sometimes collect anonymous information from visits to our website to help us provide better customer service. This anonymous information is sometimes known as “click stream data”. We may use this data to analyze trends and statistics and to help us provide you with a better customer service.
All the data contained in our cookies is completely anonymous and does not contain any personally identifiable information.
We do not use flash cookies (sometimes known as local shared objects).
Most browsers allow you to turn off the cookie function. If you want to know how to do this, please look at the help menu on your browser, but this may restrict the use of some parts of the Platforms.
USE OF DIGITALSELF APPLICATIONS THROUGH MOBILE DEVICES
Through the mobile applications, we may collect mobile device identifiers, such as device type, IP address, operating system and your geographic location. If you choose to activate Facebook or Twitter on the DigitalSelf applications, we may also collect your name, sex, occupation and/or any other personal information you have provided to Facebook or Twitter.