Terms of Service:
inKin Digital Health, Inc. through its inKin Social Fitness Platform (“inKin”) helps users to aggregate their everyday fitness and health data through third 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”) set forth legally binding terms and conditions that govern your access to and use of inKin’s services, including inKin’s various websites, technology, SMS, APIs, email notifications, push notifications, applications, buttons, widgets, ads, and commerce services (the “Services” ), and any text, graphics, charts, fitness challenges and competitions, results, personal fitness, health information, lifestyle data, images, music, software, audio, video, media of any kind, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available by inKin in connection with the Services (collectively referred to the “inKin Content”). Your access to and use of the Services and inKin Content (collectively, the “inKin Service”) are conditioned on your acceptance of and compliance with these Terms. 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.
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.
License: inKin grants you a limited, non-exclusive, non-transferable, non-sublicensable right to (1) access and view the inKin Content, and (2) access and use the software and mobile applications provided by inKin solely for your personal, non-commercial use and enjoyment of the Services, as permitted by 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.
By using the inKin Service, you acknowledge that the inKin Service is provided to you on an AS IS and AS AVAILABLE basis. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found in connection with the inKin Service, you should confirm any facts that are important to your decision. inKin makes no warranty as to the reliability, accuracy, timeliness, usefulness, effectiveness or completeness of the information associated with the inKin Service.
inKin is not liable for any damages or losses related to your use of the inKin Service. 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 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 such disputes and 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.
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 are solely responsible for any resulting damage or loss to any party.
No endorsement: 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.
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 Your Content in any and all media or distribution methods (now known or later developed) through any media channels for any purposes. 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.
Use of the inKin Service:
You must be 13 years or older to use inKin Service. If you are under the age of 13, please do not use the inKin Service. 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 13.
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.
Except for Your Content, the inKin Service is 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 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 Wearables, Moves App, etc.
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 screen name 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:
Is false, misleading, or deceptive. inKin reserves the right to terminate accounts that contain, or that we reasonably believe to contain, information or content that violates this provision.
Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
Allows you to gain unauthorized access to the in Kin Service, or any account, computer system, or network connected to the inKin Service, by means such as hacking, password mining or other illicit means;
Is unlawful, threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, gender identity, race, ethnicity, age, or disability;
Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the inKin Services;
Impersonates any person, business or entity, including inKin and its employees and agents, or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including inKin;
Contains an unauthorized advertisement or solicitation that is “spammy” (in our sole discretion), or that otherwise detracts from the character or purpose of the inKin Service;
Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
Results in the posting or transmission of any message anonymously or under a false name;
Permits any person to access, using your account, any features of the inKin Service that may require registration; or
Violates the Terms, any other policy associated with the inKin Service, or otherwise interferes with the use of the inKin Service by others (in our sole discretion).
Although inKin cannot monitor all content on the inKin Service, particularly user-generated content, you understand that inKin shall have the right, but not the obligation, to monitor, edit, move, delete, or refuse to post, any content in order to determine and/or ensure compliance with these Terms and any other operating rules that may be established by inKin from time to 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.
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. 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.
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.
Termination: We may change, restrict access to, suspend, discontinue, or refuse the inKin Service, or any portion thereof, at any time without further 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.
Disclaimer of Warranties and Limitations of Liability
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.
THE INKIN SERVICE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE INKIN SERVICE, INKIN, AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE INKIN SERVICE, NOR DO THEY GUARANTEE THAT THE INKIN SERVICE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE INKIN SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL THE INKIN SERVICE, INKIN, OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE INKIN SERVICE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE INKIN SERVICE, INKIN, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE INKIN SERVICE, INKIN, AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE INKIN SERVICE WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO INKIN, FOR THE USE OF THE INKIN SERVICE.
Dispute Resolution and Class Action Waiver: 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. 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 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. Judgment on any potential award may be entered in any court having jurisdiction. BY USING THE INKIN SERVICE, YOU ARE HEREBY GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a dispute heard as a class action and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding.
Choice of Law: These Terms have been made in and 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.
Indemnity: You agree to indemnify, defend and hold harmless inKin, its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the inKin Service using your account.
Assignment: In the event that all or part of our assets or sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personally identifiable information collected via the inKin Service.
Severability: 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.
Contact Us: Please contact us if you have any questions about these terms at [email protected]
Effective Date: July 7, 2017