inKin Social Fitness Platform helps users and corporate and business clients to aggregate their everyday fitness and health data through thirds parties fitness trackers and devices, applications as well as manual input to empower and inspire users to lead healthier, more active lives while communicating and socializing with each other.
These Terms of Service (“Terms”) govern your access to and use of the services, including our various websites, SMS, APIs, email notifications, push notifications, applications, buttons, widgets, ads, and commerce services (the "Services" or “inKin”), and any text, graphics, charts, fitness challenge and competitions, results, personal fitness, health, lifestyle data, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise appearing on the Services (collectively referred to as "inKin Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these websites, including www.inkin.com; the software used to aggregate data from your device or application platform, inKin connect software, the inKin mobile applications, memberships and other inKin services (collectively, the “inKin Service”).
inKin grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the inKin Content, and (2) access and use the software and mobile applications provided by the inKin Service. This license is provided solely for your personal, non-commercial use and enjoyment of the inKin Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the inKin Content, inKin Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by inKin or its licensors, except for the licenses and rights expressly granted in these Terms.
Except for Your Content, inKin Content, the inKin Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the International law. You may not do any of the following while accessing or using the inKin Service: (1) use, display, mirror or frame the inKin Service or any individual element within the inKin Service, inKin’s name, any inKin trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without inKin’s express written consent; (2) access or tamper with non-public areas of the inKin Service, inKin’s computer systems, or the technical delivery systems of inKin’s providers; (3) test the vulnerability of any inKin system or breach any security or authentication measures; (4) circumvent any technological measure implemented by inKin or any of inKin’s providers or any other third party (including another user) to protect the inKin Service or inKin Content; (5) access the inKin Service or inKin Content through the use of any mechanism other than through the inKin Service or inKin API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that inKin provides to you or any other part of the inKin Service.
Our goal is to provide helpful and accurate information on the inKin Service, but we make no endorsement, representation or warranty of any kind about any inKin Content, information, services or recommendations. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the inKin Service that has been collected through third parties devices and applications. Health, wellness, fitness data, as well as maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. If you rely on any inKin Content or the inKin Service, you do so solely at your own risk.
Consult Your Doctor Before Using The inKin Service. The inKin Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the inKin Service, engaging in an exercise program or changing your diet. If you experience a medical emergency, stop using the inKin Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the inKin Service. If you engage in any exercise program you receive or learn about through the inKin Service you agree that you do so at your own risk and are voluntarily participating in these activities.
You must accept these Terms to create an inKin account and to use the inKin Service. If you do not have an account, you accept these Terms by visiting www.inkin.com or using any part of the inKin Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.INKIN.COM OR USE THE INKIN SERVICE.
We reserve the right to modify or terminate the inKin Service for any reason, without notice at any time.
We reserve the right to alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, we will notify you via Internet mail according to the preference expressed on your account. We will also post the modified Terms on www.inkin.com. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. When you use the inKin Service after a modification is posted, you are telling us that you accept the modified terms.
We reserve the right to refuse service to anyone for any reason at any time.
We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
You must be 13 years or older to use inKin Service.
You are responsible for any activity that occurs under your screen name and in association with your account.
You are responsible for keeping your password secure. Full use of the inKin Service requires that you create an account by providing us with a valid email address and strong password. inKin is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
Full use of the inKin Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access, as well as third party devices or applications, e.g. Fitbit, Jawbone, Garmin, iHealth, Misfit Werabales, Moves App etc.
We may need to contact you about your use of the inKin Service. These communications are part of the inKin Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
You may post photos and videos, exercise regimens, food logs, recipes, comments, likes and other content (“Your Content”) to the inKin Service. You retain all rights to Your Content that you post to the inKin Service. By making Your Content available on or through the inKin Service you grant to inKin a non-exclusive, fully paid, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute, reproduce and translate Your Content, including without limitation distributing, through multiple tiers, part or all of the Site in any and all media or distribution methods (now known or later developed) through any media channels for any purposes.
The Content that appears on in inKin Service will be able to be viewed by other users of the Services and through third party services and websites (go to the account settings page to control who sees your Content). You should only provide Content that you are comfortable sharing with others under these Terms.
You agree that this license includes the right for inKin to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Us for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by inKin, or other companies, organizations or individuals who partner with Us, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the inKin Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You also agree that Your Content will comply with the following community guidelines:
Be respectful of the opinions of others. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
Do not post profane or explicit content.
Do not post profile pictures that might be considered inappropriate.
Do not post communications that could be interpreted as threatening or harassing.
Do not post, advertise, or promote products or services commercially.
You must not abuse, harass, threaten, impersonate or intimidate other inKin users.
You must not modify, adapt or hack inKin or modify another website so as to falsely imply that it is associated with inKin.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not in the use of inKin Service violate any laws in your jurisdiction.
Violation of any of these agreements will result in the termination of your inKin account.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. In consideration for inKin granting you access to and use of the Services, you agree that inKin and its third party providers and partners may place such advertising and promotions on the inKin Services or on, about, or in conjunction with Your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
Although the Site and other inKin Services are normally available, there will be occasions when the Site or other inKin Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of inKin. Moreover inKin encourages you to maintain your own backup of your personal fitness and health data and reports. In other words, inKin is not a backup service. inKin will not be liable to you for any modification, suspension, or discontinuation of the inKin Services, or the loss of any Content.
Feedback And Submissions Policy. If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by inKin, or obtained from sources other than you.
Contests And Giveaways. Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by inKin and its partners. It is your responsibility to carefully review those terms and conditions.
You Agree to Receive Alerts And Notifications. As part of your use of the inKin Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
We Are Not Responsible For Third-Party Links on The inKin Service. The inKin Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under inKin’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
Termination. If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the inKin Service or your account, the following provisions of these Terms will survive: Posting Your Content On The inKin Service; inKin’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The inKin Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
You may provide us with profile information to make public, such as a short biography, your location, picture, company logo and other aspects or elements of a brand such as color, design, picture, symbol and typeface. You may provide information to customize your account, such as a cell phone number for the delivery of SMS messages. We may use your contact information to send you information about our Services or to market to you. You may use your account settings to unsubscribe from notifications from inKin. We may use your contact information to help others find your inKin account, including through third-party services and client applications. Your privacy settings control whether others can find you by your email address or cell phone number. You may choose to upload your address book so that we can help you find inKin users you know or help other inKin users find you.
Personal information may be collected in a number of ways. We may collect certain information that you voluntarily provide to us which may contain personal information. For example, we may collect your name, email address, user name, social network information and other information you provide us when you register, set up an account, contact us by e-mail or use our services. We may also obtain information from other companies and combine that with information we collect on the Service. When you visit the Site, some information may be automatically collected. For example, it is standard for your Web browser to automatically send information to every Web site you visit including ours. Such information includes your computer's Internet Protocol ("IP") address, access times, browser type and language, and referring Web site addresses. We may also collect information about your computer's operating system and information about your usage and activity on the Site.
Web Beacons - Web beacons, also known as gifs, are electronic images that may be used on the Site or in our emails. A Web beacon may be used on our Web pages to collect information, deliver cookies, count visits, compile statistics on usage and campaign effectiveness and in our emails to tell if an email has been opened and acted upon.
Metadata - Users can add or may have Metadata added to their User Content including a hashtag (e.g., to mark keywords when you post a photo), geotag (e.g., to mark your location to a photo), comments or other data. This makes your User Content more searchable by others and more interactive. If you geotag your photo or tag your photo using other's APIs then, your latitude and longitude will be stored with the photo and searchable (e.g., through a location or map feature) if your photo is made public by you in accordance with your privacy settings.
We use the information collected through the Service:
to communicate with you or third parties;
to process your requests and transactions;
to improve the Service;
to customize the services and/or products we provide to you;
to assist with our product and service development;
to perform marketing analysis; and
for other purposes related to our business.
Personal information collected through the Service may be shared with companies and organizations that perform services on our behalf (for example, companies that provide data management or other support services to us (such as data storage and Web hosting services). Also, we may disclose the personal information we collect through the Service when we, in good faith, believe disclosure is appropriate to:
comply with applicable law (or a court order or subpoena);
prevent or investigate a possible crime, such as fraud or identity theft;
enforce the Terms of Service or other agreements that govern your use of the Service and/or our services;
to protect the rights, property or safety of us, our users or others; or
to protect your vital interests.
Personal information submitted to the Service or collected by us is our asset and might become part of corporate wellness programs, businesses and other communities within inKin Services that you have agreed to become a part of. Your personal information and other data collected by us may be transferred to your employer, fitness professional (trainer, nutritionist, fitness and health club, etc.) and any other individual or organization that has invited you to become a part of their closed community within inKin Services and received your consent in the form of you joining that community, group.
Testimonials. We post customer testimonials/comments/reviews on our web site which may contain personally identifiable information. We do obtain the customer's consent via email prior to posting the testimonial to post their name along with their testimonial. To request removal of your personal information from Testimonials or comments please contact us at email@example.com.
We respect your right to make choices about the ways we collect, use and disclose your personal information. You may update or modify your information or change your privacy preferences at any time via the Service. You may "opt-out" of receiving promotional communications including, but not limited to, promotional emails from us by emailing us at firstname.lastname@example.org. Transactional service communications including, but not limited to, messages about your registration, will not be subject to the foregoing opt-out procedures.
SECURITY OF YOUR PERSONAL INFORMATION. We take reasonable security measures to protect your personal information (including, preventing the loss, misuse, unauthorized access, disclosure, alteration and destruction of your personal information). Please be aware, however, that despite our efforts, no security measures are impenetrable. If you use a password on the Service, you are responsible for keeping it confidential. Do not share it with any other person. If you believe your password has been misused, please advise us immediately. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. inKin cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
THIS SERVICE IS NOT MEANT FOR MINORS. We are committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children's online activities and interests. The Service is not intended for and may not be used by children under the age of 13. We do not knowingly collect information from children under the age of 13 and we do not target the Service to children under 13.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.