1.2 CMU Health is an application for setting goals for daily activities of users. You can see the movements in each day. in the form of a graph are:
1. Count the number of steps you walk. and the distance each day can Connect through Apple Health , Google Fit
2. Record weight, with weight data retrieved from Apple Health or Google Fit
3. Heart rate Displays.
4. Set a daily water drink goal. and have an analytical graph
5. Set a daily sleep goal.
1.3 CMU Health is an online platform that provides access to plan and book a variety of fitness and wellness activities at participating outlets (offline race). The Service enables CMU Health members to reserve and join Activities offered by the CMU Health & respective Partners. It is up to the Partners to offer their Activities to CMU Health members and it is up to CMU Health members to accept such Activities. The Platform and/or Service provided by CMU Health is to connect CMU Health members with such Partners but it does not nor is it intended to provide any of the Activities or any act that can be construed in any way as an act of providing the Activities.
1.4 By accessing, browsing, downloading and/or using the Platform and/or Service, you acknowledge that you agree to comply with and be bound by these Terms. If you disagree with any part of these Terms, you may discontinue your access and/or use of the Platform and/or Service.
1.5 We may revise or update these Terms at any time by posting a revised/an updated version on the Platform. Unless stated otherwise, any revision or update takes effect immediately. Your continued access and/or use of the Platform and/or Service after a revision or update to these Terms constitutes your binding acceptance of the revised or updated Terms.
1.6 We may change or update the Platform and/or Service and any information on the Platform and/or Service at any time without notice to you or liability to us. We may also suspend, discontinue, or restrict access to, the Platform and/or Service temporarily or permanently at any time without notice to you or liability to us.
1.7 Headings are inserted for convenience and shall not affect the interpretation of these Terms.
1.8 Google API User Information Policy
1. Step We use daily step count data to provide the user's physical activity data.
2. Activity We use data on the amount of energy burned each day. to know the energy expenditure and the use of energy for the health of users.
3. Sleep (Sleep) We use the user's sleep data. to know the quality of sleep enough rest.
4. Heart Rate We use heart rate data. to explore the strength of the heart's function.
5. Location We use location information to know the location of the activity. for information such as distance from start and end.
2. YOUR OBLIGATIONS
2.1 You are solely responsible for your own internet connection/telecommunication charges incurred for accessing and connecting to the Platform.
2.2 You must always comply with any instructions for use of the Platform and/or Service which we make from time to time.
2.3 You must keep your username and/or login password secure and:
(a) not permit any other person to use your username and/or login password, including not disclosing or providing it to any other person; and
(b) immediately notify us if you become aware of any unauthorized use or disclosure of your username and/or login password, by sending an email to [email protected]
2.4 You must not:
(a) Act in a way, or use or introduce anything (including any virus, worm, Trojan horse, time bomb, keystroke logger, spyware or other similar feature) that may compromise, damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, network, data or personal data stored on the Platform
(b) Use the Platform in any manner that could damage, disable, overburden or impair any of our server, or the networks connected to our server, or interfere with any other party’s access and use of the Platform
(c) Attempt to gain unauthorized access to the Platform, other CMU Health members’ Accounts, computer systems or networks connected to our server, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
(d) Obtain, or attempt to obtain, any information through any means not intentionally made available on or through the Platform;
(e) Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform License, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
(f) Modify or create a derivative work based on the materials on the Platform, nor decompile, decipher, reverse-engineer or disassemble or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform in order to build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Platform; or copy any ideas, features, functions or graphics of the Platform;
(g) Link to, mirror or frame any portion of the Platform; Cause or launch any programs or scripts for scraping, indexing, surveying, or otherwise data mining any portion of the Platform;
(h) Intentionally or unintentionally cause or attempt to cause physical or property damage or harm to any CMU Health members or Partners; and/or
(i) Permit third parties (including other CMU Health members) to use any Activities reserved under your own subscription plan, unless such Activities are reserved for a child’s use, in which case, the child must be accompanied or supervised by you when he/she uses the Activities.
2.5 You hereby agree to indemnify and hold us, our affiliates, and each of our and their respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives harmless against all losses, damages, claims, liabilities, expenses or costs that arise from or in connection with:
Your access and/or use of the Platform and/or Service
(a) Your breach of any of these Terms or any applicable law or regulation;
(b) Any other party's access and/or use of the Platform and/or Service using
(c) Any other party's breach of any of these Terms where such party was able to access and/or use the Platform and/or Service using your username and/or login password.
2.6 Any rights relating to the use of the Platform and/or Service not expressly granted herein are reserved and no license or right is granted to you by implication, estoppel or otherwise.
3. CONTENT AND USE OF MESSAGING
3.1 In order to operate and provide our services through our Platform, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Platform. The rights you grant in this license are for the limited purpose of operating and providing our services (such as to allow us to display your profile picture and status message, and transmit your messages).
3.2 The Platform may allow you to participate in private chat rooms and to utilize messaging features to communicate with other users of the Platform. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Platform, solely for your personal, non-commercial use.
3.3 Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is “Your Content.” You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content is your sole responsibility and the Company is not responsible for any material that you upload, post, or otherwise make available.
3.4 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Platform or endorse any opinions expressed via the Platform. You understand that by using the Platform, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or messages that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may or may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
3.5 You agree not to use the Platform in order to:
(a) Post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise harmful;
(c) Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users' computers;
(d) Attempt to obtain passwords or other private information from other members
3.6 We reserve the right to remove Content that violates the agreement made in 3.5 and other examples like, copyright or trademark violations, impersonation, unlawful conduct, or harassment.
3.7 These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms & Conditions or improper use of the Platform and to take action including termination of your account and exclusion from further participation in the Platform.
3.8 You acknowledge that we have the rights to view Your Content (including but not limited to Messages). You also acknowledge that we have the right (but not the obligation) in our sole discretion to remove any of Your Content and we reserve the right to change, condense, or delete any of Your Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any of Your Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
4. INTELLECTUAL PROPERTY
4.1 We are the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on the Platform (including all information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programmed, computer code, downloadable files, software applications, medals, interactive features, tools, services) or other information or content made available on or through the Platform.
4.2 We grant you, subject to these Terms, a non-exclusive, non-transferable, non-assignable, personal, limited license to access and use the Platform and/or Service for your own personal and non-commercial use. This license is revocable at any time without notice to you or liability to us. All rights not expressly granted to you are reserved by us.
4.3 The terms “CMU Health” and our logo are our trademarks, trade names and service marks. Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the marks “CMU Health”, and our logo.
4.4 All other trademarks, trade names, service marks, product names and logos contained herein that are not owned by, licensed to or controlled by us are used in an editorial fashion only, and to the benefit of respective owners, with no intention of trademark infringement.
5.1 While we endeavor to ensure that the information and materials on the Platform and/or Service are correct, no representation, warranty or guarantee, express or implied, is given that they are complete, accurate, up-to-date, fit for a purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. The information and materials on the Platform and/or the quality of the Service are provided to you for information purposes only and on an “as is” and “as available” basis without representations, warranties or guarantees of any kind either express or implied.
5.2 Whilst we endeavor to make the Platform available 24 hours a day, we shall not be liable if for any reason the Platform is unavailable for any time or for any period. We make no representation, warranty or guarantee that your access to the Platform will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
5.3 To the extent permitted by law, we and our licensors hereby disclaim all warranties, express or implied, statutory or otherwise, in respect of the Platform and/or Service and we and our licensors have no liability or responsibility to you or any other person (even if we have been advised as to the possibility) for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with:
(a) The Platform and/or Service being unavailable (in whole or in part), interrupted or performing slowly;
(b) Any error in, or omission from, any information made available through the Platform and/or Service;
(c) Any other party's access and/or use of the Platform and/or Service using your username and/or login password;
(d) Any exposure to malicious software including but not limited to, viruses, computer worms, Trojan horses, spyware or other harmful forms of interference which may damage your computer system, mobile device, software, data or other property or expose you to fraud when you access or use the Platform and/or Service. To avoid doubt, you are responsible for ensuring the process by which you access and use the Platform and/or Service protects you from this; and/or
(e) Any site linked from the Platform and/or Service. Any link on the Platform and/or Service to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
5.4 We make no representation, warranty or guarantee:
(a) That the Platform and/or Service is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Platform and/or Service is not illegal or prohibited, and for your own compliance with applicable local laws;
(b) That the Platform and/or Service will be compatible with all hardware, software and operating system which you may use;
(c) About the accuracy, reliability, suitability, completeness or timeliness of the Platform and/or Service or of any information from the Partners, such as class times, locations and descriptions; and/or
(d) About the quality, suitability, safety or ability of the Partners’ services.
5.5 We are not responsible nor liable for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, cost or expense, whether in contract, tort (including negligence, injuries or other health or medical problems), that you may suffer or incur as a result of or in connection with the acts.
6. EXCLUSION OF LIABILITY
6.1 To the maximum extent permitted by law:
(a) Your access and use of the Platform and/or Service is entirely at your own risk; and
(b) We, our respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives are not liable or responsible to you or any other person for any direct, indirect or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with these Terms, the Platform and/or Service, or your access and use of (or inability to access or use) the Platform and/or Service.
7. SUSPENSION AND TERMINATION
7.1 We reserve the right, in our absolute discretion, to monitor all access and use of the Platform and/or Service.
7.2 Without prejudice to any other right or remedy available to us, if we consider that you have breached any of these Terms or we otherwise consider it appropriate, we may immediately, and without notice to you or liability to us, suspend or terminate your Account and access to the Platform and/or Service (or any part of it) without compensation to you and we may block access from a particular Internet protocol address to the Platform and/or Service (or any part of it) in the event of any breach of these Terms. In addition, we reserve the right to seek all remedies available under these Terms, at law and in equity for breach of these Terms.
7.3 On suspension or termination of your Account, you must immediately cease using the Platform and/or Service and must not attempt to gain further access.
8. LINKS TO OTHER WEBSITES
8.1 Any links provided on the Platform are provided for your convenience only. Should you leave the Platform via such a link, the content that you view in such a linked web page or website owned or operated by third parties is not provided or controlled by us. We have not developed or reviewed and are not responsible for the consequences of your accessing the linked web page or website, and/or the content at those web pages or websites. We make no guarantee, representation or warranty as to, and have no liability for, any content at those websites, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any purpose or any representations, warranties or guarantees arising from usage, custom or trade or by operation of law.
8.2 Any such link to other linked web pages or websites on the Platform does not constitute an endorsement, authorization, verification or representation that we are affiliated with the operators or owners of those linked websites, or the contents.
8.3 You agree that your access to and/or use of such linked web pages or websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
9.1 If we need to contact you, we may do so by email or by posting a notice on the Platform. Notice will be deemed given 48 hours after email is sent or notice is posted on the Platform. You agree that this satisfies all legal requirements in relation to written communications.
9.2 These Terms, and any dispute relating to these Terms or the Platform and/or Service, shall be governed by and construed in accordance with the laws of each user’s country without regard to the choice or conflicts of law principles of any jurisdiction. Each party submits to the exclusive jurisdiction of the Courts of the user’s country in relation to any disputes or claims arising out of or in connection with these Terms or the Platform and/or Service.
9.3 These Terms set out everything agreed by the parties relating to your use of the Platform and/or Service and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty, guarantee or agreement relating to the Platform and/or Service that is not expressly set out in these Terms, and no such representation, warranty, guarantee or agreement has any effect from the date you agreed to these Terms.
9.4 You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to: (i) our subsidiary or related/affiliated company; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, CMU Health or any Partner because of these Terms or use of the Platform and/or Service.
We request some of your personal information in order to supply you with the products or services you have requested, for example requesting communication, creating accounts, participating in our events or contests. Or use our website or application. This personal information includes:
- Contact details including name, email, phone number.
- Login and account details, including screen name, password, and user ID.
- Personal information, including gender, address, birthday- Pictures, photos and videos
- Information about your physical characteristics, including weight, height, body ratio (such as pace, shoe / foot size)
- Exercise data that you provide or which are generated through our website or application (Time, Duration, Distance, Location, Calorie Counting, Fuel Points, Running Speed )
1.4 If you are a company, an entity or an organization, references to the term “you” and “your” shall also include your employees, representatives and agents.
2. INTERNET AND MOBILE APPLICATION USE
2.1 You acknowledge that the provision of your personal data to us over the Internet is entirely at your own risk.
2.2 You further acknowledge that if you post your rating and/or review on the Platform, your rating and/or review will become public information and will be retained by us even after your subscription plan has been terminated. Your email address and phone number will not be visible to others through any rating and/or review that you post.
2.7 We may automatically receive, record and store location services information from your computer or mobile device when you interact with us. You hereby consent to our use of anonymised location services information collected from you. Where the location services information is personally identifiable, we will give you the options to manage your disclosure of this information. Depending on the functionalities available on your computer or mobile device, you may benefit from advanced options to manage the location services information. A computer or mobile device may report its GPS location at the time you interact with us if the location services settings are enabled. Such information is not identified as personal data, except where we are required to do otherwise under applicable law.
In order to improve our products and services, we collect data by way of “cookies”. Cookies help us measure the number of visits, average time spent, page views and other statistics relating to your access to the Site or App. This information allows us to better administer the Site and App, and provide a more tailored and user-friendly service to our Site visitors and App users. Cookies also enable you to use or access certain features or services of our Site or App, and check-out features. Our cookies cannot be used to get data from your hard drive, to get your email address or any other data that can be traced to you personally. Most web browsers and devices can be set to notify you when you receive a cookie or to prevent cookies from being sent; if you use these features, you may limit the functionality we can provide you when you visit our Site or App.
4. How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
5. Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
6. CONTACT DETAILS