Terms of Service
General Terms of Service:
inKin Digital Health, Inc. through its free and Premium Social Fitness Platforms (“inKin”) helps users to aggregate their everyday fitness and health data through third party 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 (the “Terms”) set forth legally binding terms and conditions that govern your access to and use of all products, applications, services, content, resources, information, materials, features and functionality accessible on or through the inKin website, free and Premium Social Fitness Platforms or the inKin mobile or web applications (the “Applications”) including access to, downloading, installation and use of the Applications themselves (collectively, the “inKin Service”).
Any reference to “you” or “your” in these Terms refers to the person accessing or using the inKin Service, including his or her heirs, assigns or dependents. References to “we” refer to inKin.
Your access to and use of the inKin Service is conditioned on your acceptance of and compliance with these Terms. By creating an inKin account and using the inKin Service, you are agreeing to legally bind yourself to these Terms. If you do not have an account, you agree to legally bind yourself to 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
Who May Use the inKin Service:
You must be 16 years or older to use inKin Services. If you are under the age of 16, please do not use the inKin Services. inKin reserves the right to terminate any account and/or otherwise delete any information related to the user if we discover that the user is under the age of 16.
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, Apple, Samsung, Xiaomi, Nokia Health, Jawbone, Garmin, iHealth, Misfit Wearables, Moves App, etc.
We Do Not Provide Medical Advice; No Endorsement:
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. Your use of the inKin Service does not create a physician-patient relationship or other fiduciary or special relationship that would give rise to duties owed by inKin to you.
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 are solely responsible for any resulting damage or loss to any party.
Moreover, while inKin encourages an open exchange of information and ideas through the inKin Service, we make no endorsement, representation or warranty of any kind about any posts, messages, information, services, recommendations, or other content made available through the inKin Service by you, or any other person or organization. If you rely on any information or recommendations made through the inKin Service by us, our employees or agents, third parties, other users or guests, you do so solely at your own risk.
You acknowledge that when you use the inKin Service, inKin may use automatic means (including, for example, cookies and web beacons) to collect information about you and your use of the inKin Service. You also may be required to provide certain information about yourself as a condition to using the inKin Service or certain of its features or functionality, and the inKin Service may provide you with opportunities to share information about yourself with others.
Your Account and Protecting Account Security:
Full use of the inKin Service requires that you create an account by providing us with certain information, including a valid email address and strong password. You are solely responsible for safeguarding the security of your account and maintaining the security of your password. You also take sole responsibility for safeguarding and ensuring that appropriate security settings are enabled on the device you use to access the inKin Service. inKin is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials or your failure to safeguard your device.
inKin uses tracking technologies that enable us to recognize the device you use to log in to your inKin account. Please be advised that this may result in you being automatically logged in to your inKin account on the device you use to access your account. If you do not wish to be automatically logged in, you must log out prior to ending your session.
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.
You are responsible for any activity that occurs under your username and in association with your account. You may use the inKin Service for lawful purposes only. By using the inKin Service, you agree not to submit, post, or transmit any material or otherwise engage in any conduct that:
In general terms, inKin shall have the right to take any action it deems necessary, in its sole discretion, to enforce the rights and obligations created by these Terms and to prevent violation of these Terms. As such, inKin’s rights include, but are not limited to, the following:
In addition, the inKin Service may include advertisements. In consideration for inKin granting you access to and use of the inKin Service, you agree that inKin and its third party providers and partners may place such advertising and promotions on the inKin Service or on, about, or in conjunction with Your Content (as defined herein). The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
Although the inKin Service is normally available, there will be occasions when the inKin Service will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to a 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.
inKin Ownership of Service and Content:
Except for Your Content (as defined herein), the inKin Service and its underlying technologies are protected by copyright, trademark, patent, intellectual property, and other applicable laws. You may not do any of the following while accessing or using the inKin Service: (1) adopt, use, copy, display, or mirror any inKin tradename, trademark, logo, protectable name, proprietary information, or the layout and design of any page or form contained on a page, except as expressly permitted by these Terms; (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, including but not limited to, use of any data mining, data gathering or extraction method; (3) test the vulnerability of any inKin system or breach any security or authentication measures; (4) circumvent, remove, alter, deactivate, degrade or thwart 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; (5) access the inKin Service through the use of any robot, spider, scraper or any other 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. In addition, you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software associated with the inKin Service, including any software viruses or any other computer code, files or programs.
You agree not to archive, download (other than through caching necessary for personal use) use, copy, reproduce, adapt, modify, publish, prepare derivative works based upon, distribute, license, offer for sale, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the inKin Service or any portion thereof, except as expressly permitted by these Terms.
Ownership of Your Content:
You may post photos and videos, exercise regimens, food logs, recipes, comments, likes and other content (“Your Content”) to the inKin Service. As between you and inKin, you retain all rights to Your Content that you post to the inKin Service, however, you grant to inKin a perpetual, irrevocable, 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 Your Content in any and all media or distribution methods (now known or later developed) through any media channels for any purposes. inKin may exercise these rights without compensating you. The content that appears in the inKin Service will be able to be viewed by other users of the inKin Service 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 are responsible for Your Content. You represent and warrant that you own Your Content or otherwise have all of the rights to Your Content and 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 does not violate any law, regulation or any right of any third-party, including but not limited to rights of patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy. You also warrant that all moral rights in any material that you submit to us or post have been waived. inKin will not be liable for any loss or damage arising from your posting or submission of any unauthorized content in connection with the inKin Service.
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.
Third Party Services:
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.
We don’t become involved in disputes between users, or between users and any third party relating to the use of the inKin Service. When you use the inKin Service, you release inKin and its affiliates, to the fullest extent permitted by law, from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to disputes between users, or between users and any third party
License Grant to Use the Applications:
Strictly in accordance with these Terms, inKin grants you a limited, non-exclusive, and nontransferable license to, (i) download, install, and use the Applications for your personal, non-commercial use on a device owned or otherwise controlled by you and (ii) access, stream, download, and use on such device the inKin Service made available in or otherwise accessible through the Applications.
You acknowledge and agree that the Applications are provided under license, and not sold, to you. You do not acquire any ownership interest in the Applications or any other rights thereto other than to use the Applications in accordance with the license granted, and subject to all these Terms. inKin reserves and shall retain its entire right, title, and interest in and to the Applications, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
The Applications may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Applications to, or make the Applications accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Applications available outside the US
Changes to the Terms:
We may change these Terms from time to time. By continuing to use the inKin Service after we post any such changes, you accept these Terms as modified.
We may change, restrict access to, suspend, discontinue, or refuse the inKin Service, or any portion thereof, at any time without notice. In particular, 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.
You agree that inKin has no responsibility or liability with regard to information that is unavailable to you after your inKin account is terminated or cancelled or your use of the inKin Service is otherwise discontinued.
Disclaimer of Warranties:
YOU AGREE THAT YOUR USE OF THE INKIN SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE INKIN SERVICE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE INKIN SERVICE OR ANY MATERIAL AVAILABLE THROUGH THE INKIN SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE INKIN SERVICE.
WE PROVIDE THE INKIN SERVICE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INKIN, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, INKIN PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE INKIN SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INKIN OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE INKIN SERVICE FOR:
Agreement to Arbitrate and Class Action Waiver:
PLEASE READ THIS SECTION CAREFULLY.
In the event of any controversy, claim or dispute (“dispute”) related to or arising out of your use of the inKin Service, other than disputes related to or involving inKin’s intellectual property, you and inKin mutually agree to the following dispute resolution procedure:
The parties will first attempt in good faith to resolve any dispute by informal negotiation. The informal negotiation period will begin when the party asserting the dispute sends a written notice to the other party describing the facts and circumstances of the dispute. You may send such notice to inKin to email@example.com. If, after sixty (60) days from the date the notice of dispute is sent, the parties have been unable to resolve the dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement.
If the parties are unable to resolve the dispute through informal negotiation, you and inKin agree that exclusive jurisdiction for the dispute shall be final and binding arbitration before one arbitrator to be mutually agreed upon by both parties. If the parties cannot agree on the selection of an Arbitrator, they shall each select one Arbitrator from the list of qualified JAMS arbitrators and those two Arbitrators shall select the person who shall serve as the Arbitrator for such dispute. The Arbitration shall be initiated in New York, New York, unless the parties mutually agree to an alternative location. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures available at jamsadr.com. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. Judgment on any potential award may be entered in any court having jurisdiction.
YOU UNDERSTAND THAT BY USING THE INKIN SERVICE, YOU ARE HEREBY GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
You have the right to opt out of this agreement to arbitrate by providing written notice of your intention to do so within 30 days of your first acceptance of these Terms. Your notice should include your first and last names and mailing address and should clearly indicate that you are opting out of this agreement to arbitrate. Your notice should be sent to firstname.lastname@example.org.
ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a dispute heard as a class, consolidated or representative action and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If any clause within this “Agreement to Arbitrate and Class Action Waiver” provision is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this provision, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the provision.
Choice of Law:
These Terms shall be construed in accordance with the laws of the State of New York, without giving effect to any conflict of law principles. The parties acknowledge that this policy evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
Choice of Forum:
By using the inKin Service, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in New York, New York.
Limitation of Time to File Claims:
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE INKIN SERVICE MUST BE COMMENCED OR SUBMITTED TO ARBITRATION WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to indemnify, defend, and hold harmless inKin and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the inKin Service or your breach of this these Terms, including but not limited to the content you submit or make available through use of the inKin Service.
inKin may assign these Terms at any time without notice to you. You are prohibited from assigning or delegating these Terms and any attempt to do so shall be null and void.
In the event that any portion of these Terms is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Terms.
Please contact us if you have any questions about these terms at email@example.com
Effective Date: November 21, 2017
Last update: May 17, 2018
Check out our privacy policies for more information about how inKin uses, stores, and protects your personal data.
Categories of Personal Data Processed by inKin
“Personal data” is information relating to an identified or identifiable natural person.
When you create an inKin account, some information is required to create an account on our Services, such as your name, email address and password. This is the only information you have to provide to create an account with us. You may also choose to provide other types of information, such as date of birth, gender, height, weight, and in some cases your mobile telephone number, as well as a profile photo, biography, country information.
PURPOSES AND LEGAL GROUNDS:
(a) inKin processes your email address because you use your email address and your password to Log In to your account. The legal ground for processing your email address for this purpose is based on inKin’s legitimate interest in protecting the security of your account.
(c) If you provide your opt-in consent to receiving marketing information from inKin, inKin will also process your email address for the purpose of sending you marketing information about our Services and apps. The legal ground for processing your email address for this purpose is your consent. You may withdraw your consent at any time by changing your preferences in your inKin account or through the unsubscribe link at the bottom of our marketing emails.
(d) If you provide your opt-in consent, inKin will process your email address for the purpose of sending you notifications (e.g., when you join a challenge, when challenge is over, when comments to a challenge are submitted, when other users send you a friend request, etc.). The legal ground for processing your email address for this purpose is your consent. You can withdraw this consent at any time by opting-out of receiving such notifications.
(e) inKin also processes your email address to associate it with your inKin account when you interact with our customer support representatives either via email or Intercom. The legal ground for this processing is our legitimate interest in providing quality customer support.
(f) You may also connect with friends on the Services or invite friends who have not yet joined by providing their email addresses, accessing social networking accounts, or using the contact list on your mobile device. We do not store your contact list and delete it after it is used for adding contacts as friends.
If you contact us or participate in a survey, contest, or promotion, we collect the information you submit such as your name, contact information, and message.
2. Additional personal data that is processed if you choose to provide it when you create an inKin account:
You can add additional information to your profile, such as your location, lifestyle preferences, and your gender, birthdate, height and weight, etc.
PURPOSES AND LEGAL GROUND:
This information is used to calculate the calories you burn during an activity and to enable you to show your Kins the types of activities you participate in if you wish. The legal ground for processing this information for these purposes is your consent. You can withdraw your consent by deleting this information from your account profile.
Personal data that is processed when you sign in to your inKin account with Social Media Credentials if you choose:
You may choose to sign in to your inKin account using your social media sign in credentials (e.g., your Facebook sign in credentials). If you choose to do this, the first time you do so you will be asked whether you agree that the social media provider may provide certain information to inKin, such as your name, email address, profile photo, posts, comments and other information associated with your social media account.
All of this information is made available to inKin by the social media provider due to the way the social sign-on configuration works. However, the only information inKin retains and processes is your email address. If you do not want your information to be shared with inKin by the social media provider, then you can simply sign in to your inKin account using your inKin account credentials instead of your social media account credentials.
PURPOSE AND LEGAL GROUND:
inKin associates the email address provided by the social media provider with your inKin account so that you can use your email address to sign in to your inKin account in the future if you no longer wish to sign in using your social media account credentials. The legal ground for processing this information for this purpose is inKin’s legitimate interest in providing you an alternative signin method and in securing your account.
3. Personal data that is processed when you choose to upload your activities, location and activity data to inKin:
You can choose to upload activities and (e.g., runs, walks, etc.) and activity data (e.g., steps, distance, pace, activity time, calories burned, heart rate, sleep, location, etc.) from your vendor’s account to your inKin account. You can use your device without providing your consent to upload your activities to inKin. If you choose to upload your activities to inKin, you control whether others can see your activity data by managing the privacy settings in your inKin account. Your activity data is set to “Private” by default.
PURPOSES AND LEGAL GROUNDS:
(a) inKin processes your activity data, if you choose to give inKin permission to access your activity data from your vendor or upload it manually to the platform, to enable you to analyze your activity data, see your location on your activity course, see your heart rate related metrics, track your fitness goals, and, if you wish, share your activity data with others. If you reside in the European Economic Area or in Switzerland, the legal ground for this processing is your explicit consent, which you can withdraw at any time within your inKin account by disconnecting a device or an app from your inKin account.
4. Personal data that is processed when you connect your inKin account to a third-party app if you choose:
If you choose to enable your inKin account to access accounts you have with other app providers, such as your MyFitnessPal, Strava, Fitbit, Nokia, Garmin, etc., we will obtain information about you from such account, such as the number of steps taken in a particular day based on information from your account or courses and segments from your Fitbit, Garmin, etc. account.
PURPOSE AND LEGAL GROUND:
This information is used to supplement your activity information in inKin with information you have provided to such third-party apps. The legal ground for this processing is your consent. You can withdraw your consent at any time by disconnecting your inKin account from the third-party app within your inKin account.
5. Personal data that is processed when you communicate with inKin:
When you interact with our customer support representatives via email, telephone, online via Intercom or in person, we collect personal data, such as your name, mailing address, phone number, email address and contact preferences; and information about the inKin subscriptions you have. We also may create event logs that are useful in diagnosing product or app performance-related issues, and capture information relating to the support or service issue. To improve customer service, subject to applicable laws, we may also record and review conversations with customer support representatives, and analyze any feedback provided to us through voluntary customer surveys. With your consent, our customer support representatives may sign in to your inKin account, if appropriate, to help troubleshoot and resolve your issue.
PURPOSE AND LEGAL GROUND:
We use this information to provide you with customer and product support and to monitor the quality and types of customer and product support we provide to our customers. The legal ground for processing this information for these purposes is inKin’s legitimate interests in providing quality product support. The legal ground for signing in to your inKin account, if appropriate, to help troubleshoot and resolve your issue is consent, which you may withdraw.
Categories of Recipients of Personal Data
Your activities and activity data associated with your inKin account are set to “Private” by default. You may decide to allow others to view your activities and activity data by changing the privacy settings in your inKin account. You can join Wellness Platforms (such as Free platforms created by other inKin users or Business and Corporate platforms created by your employer or any other organisation that has invited you to join that platform) and add other inKin users as kins (friends). You may also choose to join other inKin users in Contests (Challenges, Competitions, Duels, Team Battles, Group Challenges, Multimetric Challenges, Transformation Challenges, etc.) and Leaderboards. When you interact with others in these ways, you will be displaying your data relating to the Contest or Leaderboard (e.g., aggregate number of steps during the duration of a steps Leaderboard or Contest) even if your privacy settings in your inKin account are set to “Private.”
Also, when accepting an invite to a Wellness Platform (Free or Business), you give your consent for other members of the Platform to see your data associated with that Platform, e.g. steps, calories, sleep, etc.
If you do not want to give your consent, please do not accept the invitation and do not join the Platform.
2. Other service providers:
inKin uses cloud services from third parties such as Mailchimp, Intercom, etc. to assist in sending emails and provide customer support. Those services track the activities associated with these emails, such as whether they were opened, whether links in the emails were clicked on, and whether purchases were made following clicks on those links. inKin uses this data to analyze the level of engagement with its emails and inKin uses third-party service providers to help us better understand usage of Our Services, and for related purposes.
3. Other disclosures:
We may disclose personal data about you to others: (a) if we have your valid consent to do so; (b) to comply with a valid subpoena, legal order, court order, legal process, or other legal obligation; (c) to enforce any of our terms and conditions or policies; or (d) as necessary to pursue available legal remedies or defend legal claims.
Transfers of Personal Data
inKin is a global business. To offer our products, apps and services, we may need to transfer your personal data to other inKin companies in other countries. When you create an inKin account, add personal data in your account profile, or upload and transfer data to your inKin account, your personal data will be collected and stored on inKin International Inc.’s servers in the United States.
Any transfers of personal data from inKin companies in the European Economic Area ("EEA") or Switzerland to inKin Digital Health, Inc. in the United States are done pursuant to European Commission approved Model Contractual Clauses.
Cookies and Similar Technologies
If you do not want information collected through the use of these technologies, there is a simple procedure in most browsers that allows you to automatically decline many of these technologies, or to be given the choice of declining or accepting them.
2. inKin Mobile app and Web app:
We also collect data from users about their usage of inKin Web and Mobile. The types of analytical information that are collected include the date and time the app accesses our servers, app version, the location of the device, language setting, what information and files have been downloaded to the app, user behavior (e.g., features used, frequency of use), device state information, device model, hardware and operating system information, and information relating to how the app functions. We use this data to improve the quality and functionality of the inKin Services, including the web and mobile apps; to develop and market products and features that best serve you and other users; and to help identify and fix app stability issues and other usability problems as quickly as possible.
The legal ground for processing this analytical information is our legitimate interest in understanding how our customers interact with our products, apps and websites so we can enhance the user experience and functionality of our products, apps and websites.
Here are examples of third-party providers of analytics and similar services we currently use:
We request individuals under 16 not provide personal data to inKin. If we learn that we have collected the personal data from a child under 16, we will take steps to delete the information as soon as possible.
Retention of Personal Data
We will retain your personal data as long as your inKin account is considered to be active. In addition, see below under “Your Rights” for a description of your right of erasure.
Data Controller and Data Protection Officer
If you have any questions about your data, please contact us at firstname.lastname@example.org.
If you reside in the European Union, you have the right under the General Data Protection Regulation to request from inKin access to and rectification or erasure of your personal data, data portability, restriction of processing of your personal data, the right to object to processing of your personal data, and the right to lodge a complaint with a supervisory authority. If you reside outside of the European Union, you may have similar rights under your local laws.
To request access to or rectification, portability or erasure of your personal data, or to delete your inKin, reach us out via Intercom or delete your account on your Settings page. Once deleted, all data associated with your account will be erased and cannot be restored.
Effective Date: May 17, 2018
Business Platform Subscription Agreement
Effective: May 20, 2018
Your Subscription and Authorized Users
In purchasing a subscription to the Business Services and creating a Business Platform, you are encouraging health and wellness and building comradery among those individuals you invite to become members of your Business Platform by providing them with a unique space where they can connect, track their fitness progress and compete against each other in fitness challenges.
inKin’s Provision of the Business Services
Your subscription to use the Business Services grants you access to features not available on our free Social Fitness Platform and Free Wellness Platform, such as the ability to run and participate in team battle contests and view your team’s overall fitness and health performance statistics, Tags, etc., plus Business Platform Subscribers receive priority technical support.
inKin will make the Business Services available to you and your Authorized Users and will not materially decrease functionality of the Business Services throughout your subscription term. inKin will use commercially reasonable efforts to make the Business Services available 24 hours a day, 7 days a week, excluding planned downtime.
Business Platform Subscriber’s Rights and Obligations With Respect to its Authorized Users
You may control your Authorized Users’ access to and use of the Free or Business Wellness Platforms. For example, inKin provides you with the capability to provision or deprovision access to the Business Services, enable or disable third party integrations, manage permissions, retention and export settings, create contests, tags, download statistics, access individual statistics, appoint admins, and transfer or assign teams.
Subscription Term; Pricing and Payment
Current and specific information regarding pricing can be found on the inKin website, however, below please find an overview the pricing structure for our Business Services.
We charge you a price for a selected “Fixed Term” per “Account”
You have the option of selecting a Fixed Term of one month, three months, six months or one year. Generally the longer the Fixed Term you select, the lower the price will be for month day per Account.
Any Authorized User, meaning any individual who at your invitation has joined your Platform (Free or Business), and any individual who has a current invitation from you to join your Platform, is a User Account.
Our pricing for a Business Platform is thus structured on a per User Account basis under which you pay a certain fee per Fixed Term depending on how many User Accounts are allowed to be in use through your Business Platform. Stated another way, the fee you pay per User Account per month is based on two factors: (i) the number of User Accounts on your Platform and (ii) your selected Fixed Term.
The number of inKin User Accounts on your Business Platform is calculated by adding (i) the number of Authorized Users on your Business Platform (each of whom is an individual who has accepted your invitation to join your Business Platform and has created an inKin User Account), (ii) the number of pending invitations to join your Business Platform (meaning, invitations you have sent out which have not yet been accepted) and (iii) the number of pending requests to join your Business Platform (meaning, requests Users have sent you for your approval). You have the ability to revoke invitations or decline the pending requests before proceeding with payment if you do not feel comfortable paying for invites and requests.
With respect to Fixed Terms, you may select from among one-month, three-month, six-month or twelve-month Fixed Terms. These Fixed Terms for your subscriptions correspond to the frequency with which you are billed for the Business Services. All fees must be paid in advance, so for example, if you select a six-month Fixed Term, you will be billed biannually and will be required to pay upfront for your six-month subscription Fixed Term. inKin may offer promotions such as free months to incentivize its Business Platform Subscribers to select longer Fixed Terms. Finally, inKin offers a one-time 14- day free trial period, which allows you to try out the Business Services at no cost to you! When you start your trial, we give you access to our Business Services for 14 days for free with no strings attached. Once your trial is over, you may either continue using the Business Services and update your billing info or downgrade to our forever Free option.
When additional people are invited to join your Business Platform during a given Fixed Term, you will pay for the new User Accounts proportionally based on the time left in your subscription term. For example, if you have a three-month Fixed Term with 30 Authorized Users, and then you invite 25 new User Accounts to join with one month left in your Fixed Term, you will pay for those 25 new User Accounts only for the rateable amount per User Account for the one remaining month of your Fixed Term. However, if the new User Accounts you accrue during a Fixed Term push you over a threshold where you would have been eligible for a lower per-User Account price, you will then obtain the benefit of that lower per-User Account price for those additional User Accounts only, for the remainder of the Fixed Term.
Payment obligations are non-cancelable and, except as expressly stated herein or in an applicable Order Form between you and inKin, fees paid are non-refundable. If we agree to invoice by email, full payment must be received within thirty (30) days from the invoice date. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with your purchases, except for those taxes based on our net income.
Any credits, discounts or promotions that may accrue to your “Business Platform Account” (meaning, the account we create at the Business Platform level for all of your User Accounts) will expire upon the expiration or termination of your Business Platform Account, will have no currency or exchange value and will not be transferable or refundable.
If any fees owed to inKin by you (excluding amounts disputed reasonably and in good faith) are fourteen (14) days or more overdue, inKin may, without limiting our other rights and remedies, downgrade your Business Services to free plans or limit use of your Business Platform until those amounts are paid in full. You acknowledge and agree that a downgrade will result in a decrease in certain features and functionality and potential loss of access to your account data.
Auto-Renewal: Unless an applicable Order Form between you and inKin provides otherwise, (i) your subscriptions will automatically renew at the end of each subscription term for another term of equal length to that of the immediately preceding Fixed Term (month, three months, six months or twelve month); and (ii) the per User Account pricing during any automatic renewal term will remain the same as it was during the term immediately preceding the renewal term, excluding any promotions.
A Party must give the other notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscription from automatically renewing (except where a Business Subscriber has a one-month Fixed Term, in which case either Party must give fourteen (14) days notice of non-renewal). You may opt to make changes to your subscription plan during a subscription term, in which case the changes will apply to the next subscription term. If you voluntarily cancel your subscription, you may reactivate it at any time.
Effect of Termination: Upon any termination by you for cause, we will refund any prepaid fees covering the remainder of the subscription term as of the effective date of termination. Upon any termination for cause by us, you will pay any unpaid fees covering the remainder of your subscription term. In no event will any termination relieve you of your obligation to pay any fees payable to us for the period prior to the effective date of termination.
Publicity: Where applicable, you grant us the right to use your organization’s name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to your organization’s standard trademark usage guidelines as provided to us from time-to-time. If you do not want to be listed as a reference, please send an email to email@example.com stating that you do not wish to be used as a reference.
To the extent of any conflict or inconsistency between the provisions in this Agreement or any Order Form or other supplement entered into between you and inKin, the terms of the Order Form or other supplement shall take precedence.
Force Majeure: Neither Party will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
Relationship of the Parties; No Third Party Beneficiaries: The Parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the Parties. There are no third party beneficiaries to this Agreement.
Modifications: If we make a material change to this Agreement, we will provide you with reasonable notice prior to the change taking effect, either by emailing the email address associated with your account or by messaging you through your Premium Platform. If you or any of your Authorized Users access or use the Premium Services after the effective date of the materially revised Agreement, that use will constitute your acceptance of any revised terms and conditions.
Waiver: No failure or delay by either Party in exercising any right under this Agreement will constitute a waiver of that right. No waiver under this Agreement will be effective unless made in writing and signed by an authorized representative of the Party being deemed to have granted the waiver.
Severability: In the event that any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of this Agreement
Assignment: Neither Party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other Party (not to be unreasonably withheld). Any purported assignment in violation of this section is void