Version: May 2018
- Our App/Website provides you with the Health Score and various health, wellbeing and similar information (collectively the “Information“) compiled based on the details specified by you, such as certain clinical health data, family history and your lifestyle (the “Data“). The Information generated by Bearn App LLC is for information purposes only. The Information is not intended to substitute the expertise and judgment of any doctor, pharmacist or other healthcare professional. Making a reliable medical diagnosis, treating any medical condition and administering any drug therapy require the involvement of independent informed healthcare professionals. In case of any specific questions regarding the treatment and care of a medical condition, you need to contact your professional healthcare provider.
- The form and nature of the App/Website may change from time to time without prior notice to you. In addition, we may stop permanently or temporarily at any time operating the App/Website or any features within the App/Website towards you or towards users generally and may not be able to provide you with prior notice. We also retain the right to create limits on the use storage at our sole discretion at any time without prior notice to you.
- We reserve the right at all times (but we will not have an obligation) to remove or refuse to distribute any Information or Data and to terminate users or reclaim user names. We also reserve the right to access, read, preserve and disclose any Information or Data to the extent we reasonably believe it is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigations of a potential violation thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or to (v) protect the rights, property or safety of Bearn App LLC, its users and the public. Accounts that are inactive for more than six months may be removed without prior notice.
- You are responsible for safeguarding the password that you use to access your account and for any actions taken by using your password. For data security purposes, Bearn App LLC requires you to use “strong” passwords (i.e., passwords combining upper and lower case letters, numbers and symbols). Any liability for any damage arising from your failure to comply with these requirements is excluded. In case you change your email address or forget your password, please notify us at [email protected] in order to recover your account.
There are limitations on the use of the App/Website. These limitations comply with legal requirements and aim to protect our users from abuse and to make the use of the App/Website the best possible experience for all users. We may need to change these rules from time to time and reserve the right to do so. No abuse of our App/Website will be tolerated. Any violation of these rules may lead to a temporary or the permanent suspension of all related accounts. Accounts created to replace suspended accounts will be permanently suspended
Unlawful Use: You shall not use the App/Website or any Information provided for any unlawful purposes or in furtherance of any illegal activities. International users are required to comply with all applicable local laws regarding online conduct and acceptable content.
B. Unauthorized Access: You shall not do any of the following while accessing or using the App/Website: (i) access, tamper with or use non-public areas of the App/Website (except for your own account), Bearn App LLC computer systems or the technical delivery systems of our providers; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) attempt to access or search the App/Website or any Data by any means (automated or otherwise) other than through our currently available, published interfaces; or (iv) interfere with or disrupt, or attempt to do so, the access of any user, host or network.
C. Respect for Privacy of Third Parties: You shall not disclose other people’s health, wellbeing and similar data without their express authorization and permission.
D. No Reproduction: You shall not reproduce, duplicate, copy, sell, trade or resell the App/Website content and its design and look or any Information derived from the App/Website. You are not entitled to modify or redistribute the App/Website content and its design and look or any Information or to reproduce, store, link, frame or deep-link it on any other App/Website or in any other medium or format without our prior written consent. Further, you shall not use the App/Website for commercial exploitation in any circumstances.
E. No Malware: You shall not provide any malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
- All copyright, database right, patent, other intellectual property right, title and interest in and to the App/Website and any Information (excluding the Data provided by the users of the App/Website) are and will remain the exclusive property of Bearn App LLC and its licensors. The elements of the App/Website, including but not limited to the general design and the imagery, and any Information are protected by copyright, trademark, patent and other laws relating to intellectual property rights of both Maryland and foreign countries. Nothing in these Terms gives you a right to use the Bearn App LLC name or any of Bearn App LLC’s trademarks, logos, domain names and other distinctive brand features. You are permitted to download and print any Information from the App/Website solely for your own personal use and/or internal business purposes. You are not entitled to use the content of the App/Website for commercial exploitation in any circumstances. In case you breach the terms of this provision, Bearn App LLC will have the right to claim damages against you which shall include the right to claim special, incidental, consequential or indirect damages and loss of profits.
- Whilst we endeavor to ensure the accuracy of the Information, neither Bearn App LLC nor any of its directors, officers, employees, agents, partners, affiliates and licensors may be held responsible for any omissions or errors of the Information or for any loss or damages which may subsequently arise.
- Any Information transmitted via the App/Website will pass over public telecommunications networks. Although Bearn App LLC uses industry standard encryption technology, Bearn App LLC does not give any warranty or undertaking and does not make any representation that the operation of the App/Website will be secure, uninterrupted or error free.
- The App/Website may contain links to third-party App/Websites or materials supplied by or contained on any third-party App/Website which is linked from or to the App/Website. Bearn App LLC does not accept any responsibility or liability for: (i) the availability or accuracy of such App/Websites or material or (ii) the content, products or services on or available from such App/Websites or materials. Links to such App/Websites or materials do not imply any endorsement by Bearn App LLC of such App/Websites or materials or the content, products or services available from such App/Websites or materials. You acknowledge sole responsibility for and assume all risks arising from your use of any such App/Websites or materials.
- Bearn App LLC provides the content of the App/Website and any Information in good faith, but your access to and use of the App/Website is at your own risk. Bearn App LLC operates the App/Website on an “as is” and “as available” basis without warranty of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement of any copyrights, database rights, patents, trademarks or any other intellectual property rights in the jurisdiction in which you access and/or use the App/Website. Bearn App LLC gives no warranty or undertaking or representation for the completeness, accuracy, availability, timeliness, security or reliability of the App/Website or that the Information is of satisfactory quality, up to date or free from viruses, trojans or other harmful or malicious programs. Bearn App LLC will not be responsible or liable for any harm to your computer system, loss of data or other harm resulting from your access to or use of the App/Website or for the deletion of, or the failure to store or to transmit, any Data or Information and other communications. Bearn App LLC makes no warranty that the App/Website will meet your requirements or be available on an uninterrupted, secure or error-free basis. No advice or information, whether oral or written, obtained from Bearn App LLC or the App/Website, shall create any implied warranty.
- Bearn App LLC and its directors, officers, employees, agents, partners, affiliates and licensors shall in no way be responsible for any decisions you may make based on the use of App/Website and/or the Information including but not limited to whether or not you choose to seek professional medical care or treatment. You hereby waive any claim you may have or acquire against Bearn App LLC or any of its directors, officers, employees, agents, partners, affiliates and licensors and indemnify and hold Bearn App LLC or any of its directors, officers, employees, agents, partners, affiliates and licensors harmless from any claims, proceedings, costs, special, incidental, consequential or indirect damages and loss of profits relating to your use of the Information.
- Bearn App LLC allows you to register for the participation in fitness activity challenges among certain or all users of the App/Website which may be initiated by users (“Challenges“) or Bearn App LLC (“Public Challenges“). By registering, you acknowledge that such participation is a potentially hazardous activity and that you are participating at your sole risk and responsibility. You further acknowledge that you will not make use of means or behave in a way that can reasonably be considered as contrary to the general rules of fairness. Bearn App LLC reserves the right to screen and verify your activity and to temporarily or permanently exclude you from a Challenge or Public Challenge or from Challenges or Public Challenges in general or to suspend or terminate your account in case we reasonably believe that such measure is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce any acknowledgements you made, including the investigation of a potential violation thereof, or to (iii) protect the rights, property or safety of Bearn App LLC, its users and the public. In cases where Public Challenges feature prize money, such prize money (less tax and possible other deductions as they may be applicable) will be paid out to the users achieving the best result. The assessment of such best result is separately defined for each Public Challenge. In case of a tie between the achievements of two or more users, the prize money will be equally shared between such users. Any decisions of Bearn App LLC regarding Challenges or Public Challenges are final.
- To the maximum extent permitted by applicable laws, Bearn App LLC and its directors, officers, employees, agents, partners, affiliates and licensors shall not be liable for any losses or direct, indirect, incidental, special, consequential or punitive damages, including without limitation loss of profits, data, use, good-will or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App/Website, (ii) the use of any Information; and (iii) any unauthorized access, use or alteration of your transmissions of Data, in each case however they may arise and whether based on contract, tort or any other legal basis, whether or not foreseeable and irrespective of whether Bearn App LLC has been informed in advance about the possibility of such damage.
- The failure of Bearn App LLC to enforce any right or provision of these Terms shall not be deemed to be a waiver of such right or provision.
- Bearn App LLC operates the App/Website from Maryland and the Information is deemed to have been delivered in Maryland. You are only allowed to access the App/Website if you are entitled to enter into a binding contract with Bearn App LLC and are not a person barred from accessing the App/Website according to the applicable law. You undertake to access the App/Website solely in compliance with these Terms and all applicable rules and regulations. The App/Website is not directed to any person to whom (by reason of such person’s nationality, residence or otherwise) the publication or availability of the App/Website is prohibited. Persons to whom such restrictions apply must not access the App/Website. If you choose to access the App/Website from outside the United States you are solely responsible for compliance with any applicable local laws.
- These Terms and the use of the App/Website shall in all respects be governed by Maryland law. Any dispute arising out of or in connection with these Terms and/or the use of the App/Website shall be subject to the exclusive jurisdiction of the courts of Maryland, and you consent to such jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Version: May 2018
Maryland has a high degree of data protection regulation. The fact that your data is stored on servers located in a professionally managed, secure data storage facility in Maryland means that your information is processed in accordance with data protection principles. If you access the App/Website from a computer located outside Maryland, your accessing the App/Website will be considered as your consent to us transferring your data outside Maryland in order to reach you. If, for any reason, Bearn App LLC will need to transfer any data to any other country without adequate level of data protection, Bearn App LLC will procure that appropriate contractual obligations apply ensuring that your data is protected.
- In order to create or reconfigure an account, you are expected to provide personal data, such as your name, username, password, personal contact details (address, zip code and location and email address), date of birth, gender, details about any of your previous health concerns or clinical issues, details about your family history, especially relating to health concerns or clinical issues, details about your lifestyle and activities (including underlying GPS data), clinical information and similar data (the “Data“) enabling Bearn App LLC to provide you with the Bearn App LLC Health Score and various information about your health, including a number of potential health risks based on your clinical background and lifestyle (collectively the “Information“).
How Your Data is Collected
- We collect Data that you provide to us either directly through the App/Website, or third party devices or apps you connect with your account. We also collect information about your interactions within the App/Website as part of our continuous effort to improve the user experience.
How We Protect and Use Your Data
- When using the App/Website you consent to the collection, transfer, modification, storage, disclosure and other uses of the Data. Irrespective of the country in which you reside or from where you access to the App/Website, the Data may be used by Bearn App LLC in Maryland or any other country of operation.
- You authorize Bearn App LLC to de-identify your Data and subsequently to copy, process, use, publicly disclose and distribute the Data in anonymized form for academic and statistical purposes. Such anonymized Data shall no longer be considered as personal data.
- You authorize Bearn App LLC to receive, review and store technical data (including crash reports) retrieved from the devices you are using to access the App/Website.
- We restrict access to the Data to those Bearn App LLC employees or other parties who need access to such Data in order to provide the services. We maintain appropriate physical, electronic and procedural safeguards to protect your Data, including firewalls, individual passwords and encryption and authentication technology, and take all other necessary and adequate administrative, organizational, technical, personnel and physical measures to safeguard the same against unauthorized or unlawful processing and use, accidental loss or destruction or damage, theft, disclosure or modification and to ensure its integrity. Please note, however, that Data transported over an open network, such as the Internet or email, may be accessible to anybody. We cannot guarantee, and are not responsible for, the confidentiality of any communication or information transmitted via such open networks. When disclosing any Data via an open network, you should consider that it is potentially accessible to others, and consequently, may be collected and used by others without your consent. In particular, while individual data packets are often encrypted, the names of the sender and recipient are not. Even if both the sender and recipient are located in the same country, data may be transmitted via such networks to other countries regularly and without controls, including countries that do not afford the same level of data protection as Maryland. Your Data and Information may be lost during transmission or may be accessed by unauthorised parties. We do not accept any liability for direct or indirect losses as regards the security of the Data and Information during its transfer via Internet.
How Your Data is Shared
- The concept of the App/Website includes the disclosure of the Data provided by you and accessible via the App/Website to other users or third parties. Please note that all registered users of Bearn App LLC are displayed with their name and profile picture. For all other data, you control and decide yourself which Data shall be accessible to others. You can change the privacy settings of your account at any time and thereby determine who will be able to see which Data. The types of Data which may be distinguished are the following: Health Score, workouts, pictures (workout, profile and profile background pictures) and achievements gained. Sensitive personal data such as weight or blood pressure, are not accessible to others. The following types of sharing options are available: (i) Public: All users registered on Bearn App LLC will be able to see the Data, meaning the Health Score, the workouts, pictures and achieved goals. (ii) Groups: If you are part of a corporate health program, you will be allocated to a specific company group, which will contain fellow employees with whom you are friends on Bearn App LLC, and other employees with whom you are not yet friends on Bearn App LLC. If you select the group option, all group members, friends or not, will be able to see the Data. (iii) Friends: Your friends will be able to see the Data. (iv) None: Only you as the user of your account will be able to see the Data. According to our default settings, all your friends will be able to see all the above-mentioned Data. You can change the privacy settings of your account at any time after your registration. Please note that due to the linking option to other social networks, such as Facebook, your Data may be made available to other persons through your friends.
Cookies and Similar Technologies
Like many websites, we use “cookie” technology to collect additional website usage data and to improve the website, but we do not require cookies for many parts of our services. A cookie is a small data file created by a web server and transferred to and stored on your computer’s persistent memory. The cookies created by the web servers contain data that uniquely identifies you during your use of the website. We use session cookies to better understand how you interact with our services, to monitor aggregate usage by our users and to improve our services. Most Internet browsers automatically accept cookies. However, you have the option of using your browser software to stop accepting cookies or to warn you before accepting a cookie from the websites you visit. However, if you disable or choose not to accept cookies, some of the functionality of the website may be impaired or you may not have access to areas of the website that require this type of identification. When using mobile applications, Data may be stored and processed temporarily on your mobile device. By accessing mobile applications operated by Bearn App LLC you agree to the transfer and temporary storage of Data.
We use Google Analytics on our public website to help us understand things like how long a visitor stays on our websites, what pages they find most useful and how they navigate through our site. Google Analytics is not used after you have logged into App/Website. To learn more about Google Analytics and how to opt-out visit this Google webpage: https://support.google.com/analytics/answer/6004245
We use Spyfu, a web analytics tool, locally installed at Bearn App LLC, to learn how you use our public website and our App/Website. Your data never leaves the Bearn App LLC datacenter and is treated with the same care as your data which you enter in the App/Website.
Facebook for Developers (formerly Facebook Connect) and Facebook Impressions
For some of our applications we have implemented a simplified login method. We use Facebook for Developers (formerly Facebook Connect) and Facebook Impressions to enable login using your existing Facebook Login.
How Long Your Data is Stored
- We store your Data for as long as you have an account with Bearn App LLC. You can delete your account at any time. If you follow the instructions available on the App/Website, your account will be deactivated and then deleted. For up to 30 days it is still possible to recover your account if it was deactivated by mistake. After 30 days, we begin the process of deleting your account permanently from our systems and your account may become non-recoverable. You acknowledge that any content posted by you on the App/Website cannot be recovered after the deletion of your account. We reserve the right to keep Data to the extent we reasonably believe it is necessary to satisfy any applicable law or regulation.
- You have the right to be informed by us on any processing of your Data and obtain a copy of our Data (right of access). If you are affected by incorrect or incomplete Data, you may request rectification or completion of any relevant data (right to rectification). You may request the deletion of your Data (right to erasure) or a temporary restriction of processing in certain cases (right to restriction of processing). You may object to the processing of your Data (right to object) and you have the right to receive your Data in a structured, commonly used and machine-readable format or have your Data transferred to another data controller if technically feasible (right to data portability)
- Your rights are subject to limitations necessary (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) in connection with any legal proceedings (including prospective legal proceedings), obtaining legal advice or otherwise establishing exercising or defending legal rights; and (c) for medical purposes undertaken by a health professional or any person who in the circumstances is subject to an equivalent duty of confidentiality.
Disclosure of Data
- We reserve the right to disclose Data to the extent we reasonably believe it is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigations of a potential violation thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or to (v) protect the rights, property or safety of Bearn App LLC, its users and the public.
- Please note that Bearn App LLC uses encryption software that may be subject to export control regulations.
Data Controller and Data Protection Officer
- In case you are dissatisfied with any aspect of processing of your Data, we would like to understand how we can solve this issue. Please contact us at:
Bearn App LLC
2046 Glasgow Ave
Cardiff, CA 92007
The data protection officer is located at the same address and can be contacted by mail or sending an email to [email protected]
3. Payment Terms
Version: September 2018
Bearn App LLC will contact you 10 and 5 days prior to the expiry of your subscription to notify you regarding the possibility to renew your subscription. You need to actively renew your subscription following such notification.
4. Mobile End User Agreement
Bearn App LLC is granting you a non-transferable license for personal and non-commercial use of this software. You shall not sublicense, distribute, lease, loan or otherwise convey the software or any portion thereof to anyone. This license agreement may be terminated at any time. Bearn App LLC and its licensors neither warrant the accuracy nor the accessibility of the software and reserve all other rights. This software may be subject to export control regulations.
5. Public Challenge Disclaimer
Version: 23 September 2018
Bearn App LLC allows you to register for the participation in Public Challenges among the users of this website. By registering, you acknowledge that such participation is a potentially hazardous activity and that you are participating at your sole risk and responsibility. You further acknowledge that you will not make use of means or behave in a way that can reasonably be considered as contrary to the general rules of fairness.
Bearn App LLC reserves the right to screen and verify your activity and to temporarily or permanently exclude you from a Public Challenge or from Public Challenges in general or to suspend or terminate your account in case we reasonably believe that such measure is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce any acknowledgements you made, including the investigation of a potential violation thereof, or to (iii) protect the rights, property or safety of Bearn App LLC, its users and the public.
Bearn App LLC may use your contact information to send you motivational messages in connection with Public Challenges.
In cases where Public Challenges feature prize money, such prize money (less tax and possible other deductions as they may be applicable) will be paid out to the users achieving the best result. The assessment of such best result is separately defined for each Public Challenge. In case of a tie between the achievements of two or more users, the prize money will be equally shared between such users. Bearn App LLC may award non-cash prizes and/or the nomination of a charitable institution as a beneficiary.
Employees of Bearn App LLC as well as their on-shore and near-shore development partners and their relatives may participate in Public Challenges but are excluded from being awarded any prize money or other prizes.
Any decisions of Bearn App LLC regarding the above are final.
6. Additional terms regarding Bearn App LLC
Version: 2 September 2018
- For the purposes of access to and use of the services available as Bearn App LLC , the term User as used in the Terms and Conditions shall include users of Bearn App LLC (“Players“).
- As a Player, you are solely responsible for your actions and/or omissions while being active with Bearn App LLC . In particular, Bearn App LLC asks that you are mindful of your surroundings, never play while pursuing another activity (such as driving a car or bicycle), never trespass on private property and apply your own best judgement at all times.
- Bearn App LLC reserves the right to terminate any function of Bearn App LLC at any time and for any reason, including in order to improve the overall gaming experience for Players. This includes, in particular, the in-game shop of Bearn App LLC .
- The game world of Bearn App LLC is based on defined locations, each being a point of interest (“POI“). You can suggest a new POI to be added to the game world of Bearn App LLC (“Player Submitted POI“). By submitting a Player Submitted POI and to the extent such POI does not contain personal data, you are granting Bearn App LLC a non-exclusive, unlimited, irrevocable, free and transferable right for an indefinite period to use and distribute the submitted POI in any way throughout the world.
- Bearn App LLC reserves the right to screen and verify your activity and to temporarily or permanently suspend or terminate your account in case we reasonably believe that such measure is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce any acknowledgements you made, including the investigation of a potential violation thereof, or to (iii) protect the rights, property or safety of Bearn App LLC, its users and/or the public.
- Players may occasionally participate in in-game reward by collecting cash or cash value rewards that appear on the map or in the game environment. No fee is required to participate in in-game reward. If a Player qualifies for a cash or cash value reward, a win code will be issued to the Player. Such win code may be redeemed online: Any cash or cash value rewards (less tax and possible other deductions as they may be applicable) will be paid out via bank transfer or other secure payment transfer method against the provision of the win code. In-game reward hunts are sponsored and carried out by Bearn App LLC and/or its partners. Providers of app stores (such as Apple, Inc. as regards the Apple app store) and technology providers are not involved in any activity relating to Bearn App LLC in-game reward hunts.
- Any decision of Bearn App LLC on rewards is final and binding. Participation is restricted to Players of age 18 or older with place of residence listed in our FAQs. Employees of Bearn App LLC, employees of suppliers of Bearn App LLC and their relatives may participate in Bearn App LLC but are excluded from being awarded/paid out any cash or cash value rewards.
- Bearn App LLC does not offer medical advice or diagnosis. Information generated by Bearn App LLC has no real-life implications and is not intended to substitute the expertise and judgment of any doctor, pharmacist or other healthcare professional.
- Bearn App LLC may send you a feedback survey from time to time. Bearn App LLC shall be free to use any feedback you provide in any way as regards the further development of Bearn App LLC or other products and/or services of Bearn App LLC.