Xama Technologies, Inc:

Privacy Policy + Terms of Service

Last Updated: 17 July 2024

EMBODIED CEO™ Accelerator - Terms of Service Agreement

Last Updated: 17 July 2024 

Thank you for joining Xama Technologies, Inc (the “Company”), for the EMBODIED CEO Accelerator Program (the “Program”). This Agreement starts on the date that you, the “Participant,” purchase this program. Participant is a business owner and enters this Agreement in her business capacity.  

This Purposes of this Agreement:

This Agreement is made so that Participant can participate in the EMBODIED CEO program (the “Program”). The Program has an educational component for use in Participant’s own business and a live coaching component.

This Agreement DOES NOT do any of these things:

This Agreement does not make Company and the Participant partners, joint venturers, co-owners, principals or agents, or employers or employees of one another. 

This Agreement does not sell or otherwise transfer ownership of Company’s intellectual property. 

This Agreement does not promise financial results. 

THE BASICS

1. The Program Price is $6000 USD. On occasion, Company may offer incentives and bonuses for joining; they appear in the sales materials for the Program and are incorporated as if fully stated in this Agreement. 
2. This Agreement, the Company’s publicly available Policies and Disclaimers, and the Credit Card Authorization, if any, are the entire agreement between us. These written documents supersede our prior discussions, emails, online or voice messages. By signing, you agree that there is no information that you deem materially important that is not incorporated into this Agreement.

THIS IS WHAT YOUR PURCHASE INCLUDES AS A PARTICIPANT

1. Access to the online portal and community. You receive access to the Program’s online portal, which includes recorded modules for self-paced study for a period of 365 days from the date of purchase.
2. Live group coaching. You’ll receive access to 90-days of live group coaching starting from the Commencement date. Attendance is optional by the Participant.

Please understand: Occasionally the curriculum, guest experts, and channels to access the Program and its representatives may have to change based on group needs, available technology, and factors outside the Company’s control. The Company will replace or substitute the items above, if it determines it is necessary to do so in its sole discretion, with something similar of equal or greater value. 

THESE ARE *NOT* INCLUDED

1. Services. Done-for-you services of any kind are not included. 
2. Coaching. One-on-one coaching is not included. Please direct questions to the questions and answer portion of the training. 
3. Endorsements. You are not receiving an endorsement from Xama Technologies, Inc or Loren Hogue, Andrew Hogue, and neither is any other participant. Do not create the appearance of an endorsement or rely on any person who claims to be endorsed by Xama Technologies, Inc.
4. Participant Ownership of Written Materials. As a Participant, you will have one license to view written materials provided by Company. You do not have ownership of this information, which is protected by federal copyright laws. Some of the information may also be protected by a contractual license between the provider and Company. You may not copy, re-engineer, distribute, or otherwise provide access to this information to any other person, for free or paid, without express written consent of Company, which it may withhold for any reason, and purchase of a license (prices start at $10,000.00). 
5. Results Not Guaranteed. You are receiving access to Program materials, support and guidance, but not guaranteed results in your business or guaranteed outcome from participating in the Program. 

THESE ARE YOUR RESPONSIBILITIES- Do not join unless you can do these things: 

1. Know Your Own Circumstances. You are in the best position to evaluate your personal circumstances, including legal, medical, financial, business, and family matters, and you take sole responsibility for the decisions or actions (or inaction) regarding them as those decisions or actions pertain to participating in the Program. 
2. You can afford to pay the entire cost of the program, even if you cannot fully participate. By signing up, you are representing and warranting to Xama Technologies, Inc that you can bear the economic risk for paying the program purchase price, and that in doing so, you will not experience economic or financial hardship. 

IMPORTANT LEGAL TERMS

Please read this carefully because it impacts valuable legal rights

1. There is a NO REFUNDS policy. 

By signing this Agreement, you acknowledge that no one has represented to you that refunds or cancellations are available. Even if you cannot participate for any reason, you will continue to be billed according to the schedule in Section 1 of this Agreement through the end of the Term. Xama Technologies, Inc considers this policy a material inducement to entering into this Agreement, and would not have done so unless this No Refunds policy were included.

If you initiate a chargeback, you may be subject to legal proceedings and legal fees, including but not limited to a $250 admin fee for time and resources dedicated to processing and/or disputing it. If you’ve purchased through a payment plan and initiate a chargeback, Company will charge the full outstanding amount on your plan to your card on file.

2. You are a Business Owner.

You enter this Agreement in your capacity as a business owner, not as an individual consumer. This is true even if you do not have a business entity such as a limited liability company. As a business owner, you may have limited rights under the laws of your state, and may be giving up consumer rights. 

3. Proprietary Materials

Company at all times retains ownership of all rights in and to its proprietary materials, procedures, methods, techniques, data, information, and trade secrets, along with its trademarks, service marks, copyrights, and patentable subject matter (collectively, “Company Proprietary Materials”), and nothing in this Agreement shall be construed to give Participant any right or interest in or to Company’s Proprietary Materials. Participant (a) shall not copy, reproduce, publish, or disseminate any of the Company’s Proprietary Materials in any manner without Company’s prior written consent; (b) shall not remove or modify any copyright or trademark notices or logos from the Company’s Proprietary Materials; and (c) shall not use any Company Proprietary Materials other than for the purpose intended by Company.

4. Restrictive Covenants

• Confidentiality, Non-disclosure: 

In connection with the Services, Participant may come into contact with, acquire, or learn certain Confidential Information related to Company and/or Company’s parent, subsidiary, or affiliated entities, or the officers, directors, shareholders, members, employees, contractors, investors, strategic partners, or Participants of any or all of the foregoing (collectively, “Related Parties”). As used herein, “Confidential Information” includes nonpublic information in any form (whether or not explicitly indicated as confidential) of or pertaining to Company and/or Company’s Related Parties. This encompasses, but is not limited to, products and services (current and prospective); trade secrets; business and strategic plans (current and prospective); marketing information, materials, and plans; contracts (current and prospective); processes; know-how; concepts and ideas; specifications; designs; unpublished trademarks, service marks, and logos; unpublished original works of authorship; Participant/customer information and lists; research and development; business forecasts, reports, records, and plans; sales information; procurement procedures and requirements; financial information, data, and statements; accounting information; salaries; pricing; techniques; and software. Confidential Information also includes information which, to a reasonable person familiar with Company's business and the industry in which it operates, is regarded as being of a confidential nature. However, Confidential Information does not include any information that: (a) Participant can document has been in Participant’s possession free of any obligation of confidence to Company prior to the disclosure of such information by Company; (b) At the time of disclosure by Company is or thereafter becomes public information through no action or inaction of Participant in violation of this Agreement; (c) Was independently created, developed, or acquired by Participant without the use of or reference to Company’s Confidential Information. Participant shall keep all Confidential Information in strict confidence, refraining from any direct or indirect use for personal benefit or the benefit of any third party, and shall not disclose or divulge Confidential Information to any third party in any manner (e.g., via social media or otherwise) without Company’s prior written consent, which may be withheld at Company’s sole discretion. Participant acknowledges that all Confidential Information is the exclusive property of Company or its Related Parties, as applicable. Upon the conclusion of the Services or upon Company’s demand at any time during the Term, Participant shall promptly return to Company all Confidential Information then in Participant’s possession, including any copies thereof.

• Non-Competition:

During the Term and for a period of twelve (12) months following the expiration or termination of this Agreement, Participant shall not, without Company's prior written consent, directly or indirectly engage in any business or commercial venture that offers services similar to or competes with Company's marketing and lead acquisition services, specifically targeting or soliciting Company's existing Participants. This provision is designed to ensure the protection and security of Company's Participant relationships. Additionally, the Participant agrees that any strategies or techniques employed by Company shall not be used in a manner that seeks to 'poach' or unlawfully acquire Participants from Company.

• Non-Solicitation:

During the Term and for a period of twelve (12) months following the expiration or termination of this Agreement, Participant shall not, without Company's prior written consent, directly or indirectly solicit or encourage any of Company's existing Participants, vendors, contractors, sponsors, strategic partners (current and prospective), agents, representatives, or Related Parties to discontinue or modify their relationships with Company or diminish their business dealings with Company. This provision is in place to safeguard the trust and continuity of Company's Participant partnerships.

5. Indemnification

(a) Participant (the “Indemnitor”) shall indemnify, defend, and hold Company and its officers, directors, shareholders, members, employees, agents, contractors, representatives, successors, and assigns of all of the foregoing (collectively, the “Indemnitees”), harmless from and against any and all third-party claims, causes of action, demands, threats, lawsuits, and proceedings (collectively, “Claims”), and all liabilities, judgments, losses, damages, costs, and expenses of any kind whatsoever, including reasonable outside attorneys’ fees and court costs (collectively, “Losses”), suffered or incurred by any of the Indemnitees at any time to the extent arising out of, relating to, or resulting from any inconsistency with, failure of, or breach or threatened breach by the Indemnitor of any representation, warranty, or covenant made or assumed by Participant in this Agreement. (b) The Indemnitees shall give written notice to the Indemnitor of the assertion of any occurrence, event, or fact that may give rise to a Claim. The Indemnitor shall have the right to select counsel and control the defense of any such Claim, subject to the right of the Indemnitee(s) to participate therein. The Indemnitor will not settle or resolve any Claim in a manner that imposes any liability or obligation on the Indemnitee(s) or affects the Indemnitee(s)’ rights in connection therewith without the advance written approval of the Indemnitee(s), which approval will not be unreasonably withheld, conditioned, or delayed. The Indemnitor shall reimburse the Indemnitee(s) on demand for any Losses arising at any time after the Effective Date for which the indemnification obligations herein apply.

6. Participant’s Acknowledgement and Consent:

By signing this Agreement, Participant acknowledges and agrees (a) no specific results or goals have been promised or guaranteed by Company or any of its personnel, and (b) Participant has been given sufficient opportunity to ask questions of Company and its personnel regarding this Agreement and the Services, and all such questions have been answered to Participant’s satisfaction. Participant hereby consents to being photographed and recorded (both audiovisual and audio-only recordings) (such photographs and recordings, collectively, “Recordings”) during and in connection with the Services, and Participant hereby quitclaims and assigns to Company and Company’s successors and assigns all rights, title, and interests in and to any and all such Recordings made by or for Company in connection with the Services. Participant hereby consents and grants to Company and Company’s successors and assigns the royalty-free, perpetual right to include and use (a) the Recordings or any parts thereof, and (b) any quotes approved by Participant (email or text messages will be sufficient for such approvals), in materials prepared by or for Company for use in Company’s various products and/or services, in all media. By signing this Agreement, Participant, on behalf of himself/herself and Participant’s family, heirs, executors, administrators, assignees, and legal representatives, hereby absolutely, irrevocably, and unconditionally releases, waives, discharges, holds harmless, and promises to indemnify and to not sue Company and/or Company’s parent, subsidiary, or affiliated entities, or any officers, directors, shareholders, members, employees, contractors, agents, representatives, insurers, successors, and assigns of any of the foregoing (collectively, the “Releasees”), from any and all claims, actions, causes of action, demands, and liabilities of any kind or nature, whatsoever, at law or in equity, whether known or unknown, which Participant has or may in the future have against any of the Releasees for damage or losses on account of the Recordings and any use thereof, including claims involving rights of publicity and privacy, misappropriation, false light, infliction of emotional distress, defamation, and infringement of intellectual property. The foregoing release is intended to be as broad and comprehensive as permitted by applicable law.

7. Force Majeure:

Company shall not be liable to Participant for any loss or damage resulting from any delay or failure to perform any part of this Agreement and/or the Services if such delay or failure is caused in whole or in part by events, occurrences, or causes beyond the reasonable control of Company, including, but not limited to: (a) fire, flood, earthquake, or other natural disaster; (b) war, riot, or order of governmental authority; (c) any order, regulation, ruling, or action of any labor union or association affecting Company or the industry in which it is engaged (including, but not limited to, strikes, sympathy strikes, and lockouts); (d) any delay in the delivery of materials and supplies or the general unavailability of materials and supplies; (e) any casualty, accident, incapacity, illness, pandemic, epidemic, or widespread communicable disease (including COVID-19); and (f) any power failure, failure of computer systems or other equipment, or other Internet, network, or communications outages, interruptions, or disturbances. Company will not be responsible for any delays in the Services where such delays are attributable to any failure of Participant to timely perform Participant’s obligations under this Agreement (e.g., attend scheduled calls, meetings, classes, follow through on Company’s instructions, etc.).

8. Disclaimer of Warranties. 

EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND Company MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING THE SERVICES. Company SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY THAT THE SERVICES WILL MEET Participant’S EXPECTATIONS, OBJECTIVES, OR OTHER DESIRED OUTCOMES. WHILE Company IS CONFIDENT IN Company’S METHODS, TECHNIQUES, AND RECOMMENDATIONS, Company DOES NOT GUARANTEE, AND NOTHING HEREIN SHALL BE CONSTRUED AS A GUARANTEE BY Company OR ANY OF ITS PERSONNEL OF ANY PARTICULAR RESULTS OR OUTCOMES IN CONNECTION WITH THE SERVICES. Participant HEREBY WAIVES, RELEASES, ACQUITS, DISCHARGES, AND HOLDS Company AND THE OTHER RELEASEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS ALLEGING THE SERVICES FAILED TO MEET Participant’S REQUIREMENTS, EXPECTATIONS, OR OBJECTIVES. NEITHER Company NOR ANY OF THE OTHER RELEASEES WILL BE LIABLE TO Participant FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY WHETHER IN CONNECTION WITH THE SERVICES OR OTHERWISE.

9. Damages are limited under this Agreement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF OPPORTUNITY COST, LOSS OF PROFITS AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARE LIMITED TO THE AMOUNT PAID UNDER THIS AGREEMENT. 

10. No Professional Advice.

The Company does not engage in the rendering of legal, accounting, or other professional services. Any information provided during the Term of this Agreement is not meant to be an endorsement or offering of any business or other investment. You acknowledge that you will make your own decisions before acting on any information gained from this program. 

11. No Guarantee of Revenue or Profits; Risk of Loss. 

Business profitability or the lack thereof is greatly dependent upon individual decisions, abilities, and general market forces, and the Company makes no guarantees or warranties that information provided to you through the Program will result in profits.

The Company is in no way responsible or liable for your use of the information provided through the Program. By signing this Agreement, you acknowledge that you assume all risks and liabilities related to your business, including the loss of funds invested. 

12. Company can end your participation in the program.

Company may determine, in its sole discretion and without requiring disclosure of the reason, that the relationship under this Agreement must terminate. 

13. California law governs this Agreement and it will be enforced by either party in California. 

This Agreement will be governed by California law, without regard to its conflicts of law principles. I understand and agree that I submit to the personal jurisdiction and venue of the California courts and agree that any legal proceeding commenced shall take place in a 50-mile radius of Los Angeles, California.

14. No Assignment; No oral waivers or modifications.

This Agreement may not be assigned to any other party. Its requirements may not be waived or modified except in writing signed by the Company. 

15. Relationship; Transfer of Property. The parties are in a vendor and vendee relationship. Further, under no circumstances shall this Agreement be construed to as a transfer of ownership of primary or derivative intellectual property of Xama Technologies, Inc. 

Participant acknowledges and agrees Participant has carefully read this Agreement and understands the terms, consequences, and binding effect hereof, and is executing this Agreement voluntarily. Participant has been given the right and opportunity to be represented by legal counsel of Participant’s choosing in connection with the negotiation and execution of this Agreement. 

Participant has read the foregoing Agreement, understand its terms, and agree to the terms set out above.

....

Privacy Policy

Effective Date: September 8, 2023

We at Xama Technologies, Inc (Trading as NEUROFIT) know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Remember that your use of NEUROFIT’s Services is at all times subject to the Terms of Service, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.

What does this Privacy Policy cover?

This Privacy Policy (the “Policy”) explains how Xama Technologies, INC (Trading as “NEUROFIT”)(“us”, “our”, or “we”) collects, uses and discloses personal information that we collect through our website https://neurofit.app/ (“Website”) include the NEUROFIT mobile application (the “App”) and any other online services that we operate that include a link to this Policy (collectively referred to as the “Services”).

While we collect and process information related to your health, we are not a covered entity subject to the Health Insurance Portability and Accountability Act. HIPAA requirements do not apply to the information we collect and process through the Services. The Services are provided for educational and entertainment purposes only.

Will NEUROFIT ever change this Privacy Policy?

We’re constantly trying to improve our Services, so we may need to change this Policy from time to time as well, but we will update the Effective Date above each time this is done. 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 Policy have been posted, that means you agree to all of the changes.

What Information does NEUROFIT Collect?

When you use or access the Services, we may collect the following:

- Information you have provided directly to us; and

- Information we gather automatically from your use of the Services.

Information You Have Provided

Profile information such as your name and email address.

Authentication information such as your username and password.

Any information that you provide when you opt-in to any of our marketing promotions including quizzes, workshops and online training.

Health information that you enter into the Services such as stress level, energy level, exercise, sleep quality, water intake, alcohol intake and mood.

Workout information you enter into the Services such as your self-reported exercise activity.

Payment information when you make a purchase such as your payment card numbers, expiration date, security code and billing information.

Biometric identifiers and information such as finger scanning information we collect when you use the App designed to measure your heart rate variability and other biomarkers through images captured using your mobile phone’s camera. This function is not designed to identify you, it is designed to provide data that the App uses to estimate heart rate variability, heart rate and breathing rate.

Any other information you submit when you contact us through the Website or App, including any information or feedback you provide in a submission through our contact form on the Website or App.

We may also collect personal information from you if you respond to one of our surveys we deliver through the Services. This may include health information and behavioral information and any other personal information you provide through your survey question responses.

Information We Collect Automatically from the Use of Our Services

We may also collect other information from you automatically when you use or access our Services, such as:

- Browser and device information such as information about your operating system, browser or user devices (such as IP address and MAC addresses).

Information stored in Cookies or Web Beacons. Cookies are pieces of information stored directly on users’ computers or devices. Cookies allow us to collect information such as browser type, time spent on the online services, pages visited, referring URL, and other traffic and usage data. We may also use cookies for purposes such as determining what features interest our users, revising our site features or operations, and as further described below. For more information, see the “Your Rights and Choices” section below. Some cookies and web beacons may be set by third parties, who may use the Services to collect personal information about your online activities over time and across different Services, applications, and other online products or services.

Pixel Tags and Log Files. The Services may also use other tracking systems such as log files and pixel tags. For example, pixel tags, sometimes called web beacons, are similar in function to a cookie and can tell us certain information like what content has been viewed.

Information Collected in Connection with Analytics Technology. We may use various technologies to learn more about how visitors use the Services, such as Mixpanel. Mixpanel uses cookies to help us analyze how visitors use the Website. The information generated by the cookies about your use of the Website includes your IP address. If you so choose, you may be able to opt out by turning off cookies in the preferences settings in your browser. For more information on Mixpanel, including how Mixpanel collects, uses, and discloses information, refer to the following page: https://mixpanel.com/legal/privacy-policy. We may also use other technologies to monitor your activities on our Website.

How We Use Your Information

We may process the information we collect about you for the following purposes:

For our legitimate interests, consistent with your rights and appropriate to the context, including:

- Providing, developing, customizing, protecting and improving our Services, including delivering insights and reports based on the information you provide to the Services.

- Processing payments for your purchases through the Services such as when you subscribe to monthly, quarterly or annual subscriptions of the App or purchase one of our digital workshops.

- Operating, evaluating, debugging, identifying and repairing errors, effectuating similar functional enhancements, and improving our Services.

- Understanding how you and other users use our Services, performing analytics, analyzing and reporting on usage and performance of the Services and marketing materials, and determining what features and functionality may interest you and other users.

- Communicating with you and others, including responding to your requests and providing promotional information.

- Offering, marketing, or advertising products, programs, and services from us including through targeted advertising.

- Storing information about your preferences, recognizing you when you use the Services in order to customize your experience.

- Creating aggregate or de-identified information.

- Legal and safety purposes, such as maintaining the safety, security, and integrity of our Services, other technology assets, services, and our organization; preserving or enforcing our legal rights and property; protecting our users, our employees, and others; and complying with industry standards. This includes:

- Protecting against malicious, deceptive, fraudulent, or illegal activity, and participating in any prosecution or enforcement of laws or agreements meant to prevent or punish such activity.

- Enforcing our policies, terms of use, contracts, or other legal rights.

- Evaluating or participating in an actual or potential merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, including as part of bankruptcy, liquidation, or similar proceedings.

- Such other purposes as you may authorize.

- To perform obligations pursuant to contractual terms you have accepted, such as our terms and conditions.

- To comply with applicable law and legal obligations.

Storage and Retention of Your Information

We retain personal information other than biometric information for as long as we reasonably need it to fulfill the purposes for which it was collected, including provision of the Services and to comply with law, resolve disputes, and enforce our agreements, as applicable.

For example, if you register on our Services, we will store your information for as long as needed to maintain your account, provide you the Services or other functionality as you request it, enforce any applicable terms that govern your use of the Services, and maintain appropriate records to reflect our delivery of Services to you.

Unless otherwise required by a valid warrant or subpoena issued by a court of competent jurisdiction, we will securely destroy or erase biometric information upon the earlier of (i) fulfilling the purpose for which we collected the biometric information, such as providing you access to estimates of your heart rate variability based on finger scanning, or (ii) three years from your last interaction with us. We will securely destroy or erase biometric information in accordance with the reasonable standards of care applicable to our industry designed to destroy or erase the relevant information such that it cannot be practicably read or reconstructed.

Sharing of Your Information

Will Company Share Any of the Personal Information it Receives?

We do not rent or sell your Personal Information in personally identifiable form to anyone, except as expressly provided below:

- Information that has been de-identified: We may de-identify your personal information so that you are not identified and provide information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), 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. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual.

- Our 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 and to measure your biometric data. 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.

- User Profiles and Submissions: Certain user profile information, including your name, location, and any video or image content that such user has 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 online courses, at public workshops, in the online community) becomes publicly available, and can be collected and used by anyone. 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, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. 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 Company and Others: We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of Company, our employees, our users, or others.

- To comply with applicable law, other legal requirements, and industry standards.

- To enforce our policies, terms of use, contracts, or other legal rights.

- To investigate or prevent unlawful activities or misuse of the Services.

- To protect against malicious, deceptive, fraudulent, or illegal activity, and participating in any prosecution or enforcement of laws or agreements meant to prevent or punish such activity.

- To operate, evaluate, debug, identify and repair errors, effectuate similar functional enhancements, and improve our Services and offerings.

- To such other parties as you may authorize.

- To publish summaries of aggregate and de-identified information created from our users’ data in our blog posts and white papers.

What Personal Information can I access?

Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us including name, password and email address.

The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at [email protected].

What choices do I have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

For example, you may choose not to provide your biometric information in order to measure your Heart Rate Variability but doing so may prevent you from receiving or using analytics, visualizations, and other reports through the Services that use personal information received.

Similarly, you may also be able to restrict the collection of personal information through the Website through your device's operating system or by disabling cookies, but doing so may prevent you from using the functionality of the Website.

You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by contacting us at [email protected]. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

How We Protect Your Information

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 and/or other sign-on mechanism 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. Please note, however, that we cannot and do not guarantee the security of your information, as no method of data storage or transmission is 100% secure.

International Transfers

We operate internationally and your personal information may be transferred outside the jurisdiction you are located. The data protection laws in other jurisdictions may differ from the jurisdiction where you are located and may not provide the same level of protection compared to the laws in the jurisdiction in which you are located. When we transfer personal information subject to the data protection laws of the European Economic Area (“EEA”), the United Kingdom (“UK”), or Switzerland outside of the EEA, UK, or Switzerland, we will rely on a legal framework that provides appropriate safeguards, which could include the standard contractual clauses, binding corporate rules, or another framework deemed adequate by the European Commission.

Additional Information for Individuals Located in the EEA, UK, and Switzerland

If you are located in the EEA, UK, or Switzerland, you may have additional rights to withdraw consent, request access to, correction of, erasure of, or the transfer of your personal information, or object to or restrict the processing of your personal information. You may exercise these rights, if applicable, by contacting us as described in the “Contact Us” section of this Policy. Individuals located in the EEA, UK, or Switzerland may also have the right to lodge a complaint with an EEA, UK, or Swiss supervisory authority, as applicable.

Additional Information for Residents of California

This section applies only to residents of the State of California and generally describes how we collect, use, and disclose the personal information of California residents and their households (“California Personal Information”). However, California Personal Information does not include, and this section does not apply to:

- Personal information reflecting a communication or a transaction between us and a California resident acting as a representative of an organization that relates to the organization obtaining products or services from us.

- Other personal information excluded or excepted from requirements of the California Consumer Privacy Act of 2018 (“CCPA”).

Additionally, this section applies only to the extent we direct the purposes and means of California Personal Information processing and otherwise qualify as a business subject to the CCPA.

California Personal Information We Collect

We may collect, and may have collected in the preceding 12 months, the following categories of California Personal Information, as described in more detail above in “The Information We Collect” section:

- Identifiers, including online identifiers.

- Commercial information.

- Internet and other electronic activity information.

- Inferences drawn from your activity.

- Geolocation data.

- Biometric information.

- Other categories of personal information described in California law.

Sources of California Personal Information We Collect

We collect California Personal Information from the sources described in the “Information We Collect” section of this Policy.

Purposes for Which We Use California Personal information

We may collect and use the categories of California Personal Information described in the “California Personal Information We Collect” section above for one or more of the business and commercial purposes described in the “How We Use Your Information” section above.

Disclosures of California Personal Information for a Business Purpose

In the preceding 12 months, we may have disclosed the categories of California Personal Information listed below to the categories of third parties identified below for a business purpose:

- Identifiers, including online identifiers—with our service providers.

- Commercial information—with our service providers.

- Internet and other electronic activity information—with our service providers.

- Inferences drawn from your activity—with our service providers.

- Geolocation data—with our service providers.

- Biometric information—to such third parties as you may authorize.

- Other categories of personal information described in California law—with our service providers.

Sales of California Personal Information

In the preceding 12 months, we have not sold California Personal Information. We do not sell California Personal Information, and we do not have actual knowledge that we sell California Personal Information of consumers under 16 years of age.

California Personal Information Rights and Choices

The CCPA provides California residents with specific rights regarding their California Personal Information. This section describes those rights and explains how to exercise those rights to the extent we direct the purposes and means of the processing of your California Personal Information processing and otherwise qualify as a “business” under the CCPA.

Access to Specific Information and Data Portability Rights

California residents have the right to request that we disclose certain information to you about our collection, use, disclosure, and sale of your California Personal Information over the past 12 months. If we receive and confirm a verifiable consumer request from you pursuant to the “Exercising Access, Data Portability, and Deletion Rights” section below, we will disclose to you, depending on the scope of the request:

- The categories of California Personal Information we collected about you.

- The categories of sources for the California Personal Information we collected about you.

- Our business or commercial purpose for collecting California Personal Information about you.

- The categories of third parties with which we share your California Personal Information.

- The specific pieces of California Personal Information we collected about you.

- If we disclosed your California Personal Information for a business purpose, a list of the categories of third parties to whom we disclosed California Personal Information for a business purpose identifying the categories of California Personal Information disclosed to those parties in the preceding 12 months.

Deletion Request Rights

California residents have the right to request that we delete California Personal Information, subject to certain exceptions. Once we receive and confirm your verifiable consumer request pursuant to the “Exercising Access, Data Portability, and Deletion Rights” section below, we will delete your California Personal Information from our records, unless an exception applies.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at [email protected].

You may designate an authorized agent to submit requests on your behalf through a signed written permission that authorizes the agent to act on your behalf. We may mandate additional requirements when submitted through an authorized agent, such as requiring you to verify your identity directly with us or to directly confirm the authorized agent’s permission to act on your behalf.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. Your request must provide information sufficient to permit us to reasonably verify you are the person about whom we collected California Personal Information, or an authorized agent of that person. In order to verify your request, we may require you to provide additional information, including account profile information such as your Services email address and other information elements necessary to verify your identity. Your request also must include sufficient detail for us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with California Personal Information if we cannot verify your identity or authority to make the request and confirm the California Personal Information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, if you have a password-protected account with us we consider requests made through that account sufficiently verified when the request relates to California Personal Information associated with that specific account.

Any disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable request. If we cannot fulfill, or are permitted to decline, your request then we will alert you or your authorized agent. For data portability requests, we will select a format to provide your California Personal Information that is readily usable.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision, and we reserve the right to either refuse to act on your request or charge you a reasonable fee to complete your request if it is excessive, repetitive, or manifestly unfounded.

Non-Discrimination

Subject to certain exceptions, you have the rights to not receive discriminatory treatment for exercising your access, data portability, opt-out, and deletion rights described above.

Contact Us

What if I have questions about this policy?

If you have any questions or concerns regarding this Policy, or you would like to ask for amendment or deletion of your personal information, please send us a detailed message to [email protected], and we will try to resolve your concerns.

 

 

Contact Us

If you have any questions, concerns or complaints about this Terms of Service please contact us:

• By email: [email protected]