Welcome to HR4Training and HRV4Training Coach. By using, registering for, or accessing HRV4Training, HRV4Training Coach, or any of our associated mobile applications for Apple or Android (collectively, the "Service"), you agree to be legally bound by these Terms of Service (the "Terms").
We reserve the right to alter, modify, or replace the Terms at any time. Your continued use of the Service following notification of any changes to these the Terms shall constitute acceptance of the revised Terms. The Terms were last updated May 16, 2016.
1. No Medical or Health Advice (a) The Service is not intended to diagnose, treat, cure, or prevent any disease, illness, or health problem. The Service is not intended to provide health or medical related advice. If you (i) have any medical condition, (ii) are taking any medication, (iii) are pregnant, or (iv) have chest pain, joint pain, or shortness of breath, you agree to consult a physician before using the Service. If you experience any discomfort when using the Service, you agree to immediately discontinue use and consult a physician.
(b) If you experience a medical emergency you should immediately discontinue use of the Service and call for emergency medical assistance. We shall in no way be responsible for any medical or health problems that may result from using the Service, interacting with other users, or relying on advice or information made available through the Service. You agree to use the Service at your own sole risk
Subject to your compliance with the Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and utilize the Service. In order to activate your license, you must register for a user account with the Service (an "Account"). Your license and your Account may be terminated at any time without notice for any breach of this Agreement.
(a) By registering for an account, you agree to the following:
You are at least 18 years of age, or between 16 and 17 years of age with parental consent to use the Service;
All information you submit to or share with the Service will at all times be truthful, accurate, and complete;
You will not use the Service to share any uploads, information, messages, or other data (collectively, "User Content") that are illegal, defamatory, inappropriate, or abusive to other users;
You will not misuse or misrepresent the ownership of intellectual property, including, but not limited to, copyrights, trademarks or patents;
You will not disrupt, or attempt to disrupt, the Service's security, connectivity, data, or accessibility; and
You will not make, or facilitate any third party in making, fraudulent purchases.
(b) We may refuse to offer the Service to anyone at any time.
You may elect to purchase certain services, subscriptions, or application enhancements through the Service (each an "In App Purchase"). When you make an In App Purchase, you are doing so through Apple iTunes service and you are agreeing to Apple’s iTunes’ Terms and Conditions.
3. Intellectual Property
We and our licensors own the rights to all intellectual property found throughout the Service, including copyrights, trademarks, and patents. No license, assignment, or sale of such intellectual property has been made to you. We reserve all rights to the intellectual property on the Service.
4. HRV4Training Coach
You may create a special Account to participate in the HRV4Training Coach feature (the "Coach Account"). As a user with a Coach Account, you may request the other users with Accounts select you as their coach. You may receive analytical health data and metrics from users who have selected you as their coach.
Coach Accounts are subject to a subscription charge which may be purchased through the Apple or Android store (the "Coach Subscription"). Coach Subscriptions will not automatically renew and users with Coach Accounts are required to manually renew Coach Subscriptions of they wish to retain access to the Service.
You acknowledge that if your Coach Subscription ends without being renewed, all data in your account, including data received from other users, may be lost. We are not responsible for storing or creating a backup of any data.
If you have an Account and enable a user with a Coach Account to act as your coach, you agree that such Coach Account user will be given access to your personal health related information.
5. User Content
The Service may, through use of your phone or a peripheral device, collect health and personal data about you ("User Content"). User Content shall also include any information, photographs, videos, or other data uploaded to the Service in any way. You are solely responsible for your User Content.
By submitting User Content through the Service, you grant us a worldwide, perpetual, non-exclusive, royalty-free, sub-licensable, and fully transferable license to use, share, and otherwise distribute, and make derivatives of, the User Content for any purpose related to the our business or anticipated business. This license shall continue indefinitely after termination of your Account.
We may, in our sole discretion, edit, modify, remove, delete, or block access to any User Content for any reason and without notice. You should backup your User Content to guard against loss. We shall in no way be responsible for any loss of User Content or other data.
6. Third Party Information
The Service may contain links to third party websites or applications. Additionally, users may provide you with links to third party websites or applications. We have no control over the content of these third party links and you agree to visit or access these links at your own risk. Please use caution when accessing any link unaffiliated with the Service.
7. LIMITATION OF WARRANTIES AND DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON "AS-IS," "WHERE-IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE (AND OUR SUPPLIERS AND LICENSORS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE TO YOU ON A TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, COMPLETE, TRUTHFUL, RELIABLE, OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL CODE.
IN NO EVENT SHALL WE OR OUR AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF, OR IN ANY WAY RELATED TO, YOUR USE OF THE SERVICE, YOUR RELIANCE ON INFORMATION FOUND ON THE SERVICE, OR YOUR INTERACTION WITH ANY USER ON THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, FRAUD, STRICT LIABILITY OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY TO YOU EXCEED FIVE HUNDRED U.S. DOLLARS ($500 USD).
THE PARTIES AGREE TO WAIVE THEIR RIGHTS TO PARTICIPATE IN ANY CLASS ACTION OR GROUP ARBITRATION AS IT RELATES TO THE SERVICE OR THE TERMS.
YOU MAY USE CERTAIN PERIPHERAL DEVICES IN CONJUNCTION WITH THE SERVICE. WE DO NOT ENDORSE OR WARRANT THE USE OF ANY OF THESE DEVICES. YOU USE THESE DEVICES AT YOUR OWN SOLE RISK.
8. Terms Specific to Apple Devices By accessing the Service on any Apple, Inc. (“Apple”) device, the following additional terms shall apply:
This agreement is made solely between you and the us, and not with Apple. Apple is not responsible for the Service and that Apple has no responsibility to furnish maintenance or support for the Service;
The Service is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of the Terms as they are applicable to the Service;
You will not use the Service on any Apple device that you do not own or control;
In the event of any failure of the Service to conform to any applicable warranty, Apple’s sole warranty obligation to you will be to refund to you the purchase price (if any) of the Service;
You acknowledge and agree that the we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Service;
You acknowledge and agree that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and the we acknowledge and agree that, in your use of the Service, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
9. Additional Terms
If any provision of the Terms is found to be unenforceable or invalid, that remainder of the Terms shall be enforced to the fullest extent possible.
The Terms shall be interpreted and construed by the laws of California and the United States. Any dispute arising from or related to your use of the Service or these Terms shall be brought exclusively in the state or federal courts of California competent to hear such dispute.
You may not assign your license or the Terms. We may assign the Terms as a condition of any sale, merger, or reorganization.
The Terms represents the full, final and complete understanding of the parties as it relates to the subject matter hereof.
1. How We Collect Information We may collect the following information from you at various points throughout the Service or through your communication with us:
Information automatically collected from the Service. This may include your heart rate and other vital exercise related markers. This also includes information from your mobile device, including information about ways you use the Service and ways that you exercise. We may collect information about your mobile device or web browser as well.
Information you submit to the Service. This includes your name, contact information, and content and data you voluntarily submit to the Service or share with other users, including coaches;
Information you share via social media. If you interact with us on social media or utilize a social media application we provide, we may collect information about your social media profile.
Payment information. We may collect payment information from you, such as your credit card information, if necessary to process payments.
Information you email to us. If you communicate with us via email or through a contact form, we will collect any information you transmit.
2. How We Use Information We may use your information for a variety of purposes aimed at providing and enhancing the Service.
We may share your personal information with coaches and other users that you have selected as authorized to receive your personal information. You may disable this function be removing access for these users.
We may use your personal information to analyze your fitness performance and to calculate metrics such as heart rate variability, acute training load, and other information.
We may use your personal information to match you with other users, offers, and information that we believe will be valuable or useful;
We may share your personal information with our analytics providers and web developers so that we can optimize the Service.
We may use your personal information to send you emails and notices about the Service. You may disable some of these messages by clicking the "unsubscribe" button in an email sent by us. You may not be able to disable some administrative notices without deleting your account.
We may use your personal information to improve or optimize the Service.
We may share your personal information with law enforcement, governmental, or health related third parties if required to do so by law or if we believe it is necessary to prevent or assist with the handling of an emergency in which great bodily harm is likely.
We may use personal information collected for research purposes and scientific publications. Personal information used in this fashion will be anonymized. If you do not wish to share your data for research purposes and scientific publications, you may be unable to use the Service. Please contact us if you have questions about this policy.
3. Your Payment Information Our third party payment processors ("Payment Processors") may collect, store, and use your payment information, such as your credit card information, to process orders for the Service. This information is encrypted and transmitted to the Payment Processors in a secure fashion.
4. Account Termination
We may delete your personal information upon termination of your account. Please note that, due to our archival practices, we may not delete all of your information upon termination. Please contact us with specific questions regarding your personal information after termination.
5. Your Security
Your security is very important to us. We utilize a variety of physical, electronic, and managerial methods of protecting your personal information from loss or breach. Nevertheless, it is impossible for us to guarantee the safety and security of your personal information. You agree to hold us harmless for any damage, claim, or liability that may result from any loss or breach of personal information or other data.
Your login credentials, including your password, should be kept confidential at all times. Do not share these with any other person.
6. You California Privacy Rights Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask the Company for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a request to us through our website.