We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App or any portion thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App or any portion thereof.
If you choose to buy a subscription, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, in-app purchase using your iTunes account, or any other payment method made available by us) (“Payment Method”). You will immediately be charged for these fees after you tap to buy a subscription. You agree to pay all fees incurred in connection with your username and password for your subscription account.
You may elect buy a content subscription (“Content Subscription”) and pay membership fees on a recurring basis. All membership fees are payable in advance. Membership fees will be billed automatically to the Payment Method at the start of the chosen period, as applicable, and will auto-renew until your membership is terminated. The renewal membership fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize us to charge your Payment Method for the appropriate membership charges and fees and for any other purchases you elect to make via the App. We reserve the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on this App. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition. ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR INITIAL OR ANY MEMBERSHIP PERIOD.
You may cancel your Content Subscription by visiting the subscription management options within iOS. The cancellation of a membership will go into effect at the end of your current billing cycle, and you will have the same level of access to the App through the remainder of such billing cycle. When your Content Subscription ends, your account will enter free mode. No refunds or credits will be provided by us upon cancellation. You can renew your Content Subscription at anytime without opening a new account, provided that additional fees may apply if you decide to upgrade to a Content Subscription at a later date.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the App. You accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the App or its contents. You agree to immediately notify us of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the User Data and any other information you provide to us.
You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, available in connection with the App are the sole responsibility of the person from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the App. We do not control or monitor the Content posted to the App by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the App, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the App.
You agree to not use the App to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a SuperPsyched, LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the App or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the App.
You acknowledge that we may or may not pre-screen or monitor Content, but that we and out designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the App. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the App, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that we may access, preserve and disclose your User Data, Payment Method information and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of us, its users and the public. Subject to the foregoing, we will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
The App is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the App, use of the App or access to the App.
We do not claim ownership of Content you may submit or make available for inclusion on the App. However, with respect to Content you submit or make available for inclusion on the App (other than User Data or Payment Method information), you grant us a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license, as applicable, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit such Content on the App for the purposes of providing and promoting the App and the features and services available on the App.
The App may provide you with the option of making certain Content that you submit to the App as private or available only to select users of the App. If, upon submission of Content to the App, you initially elect to mark such Content as private or available for a limited group of users, we will maintain the privacy of such Content in accordance with your election. However, if you do not elect to mark your Content as private or available for a limited group of users, or later change such designation to allow such Content to be made generally available, we can not and does not guarantee the privacy of such Content.
The App may provide you with the ability to send e-mails, post messages to user forums, enter chat rooms, speak via Internet voice connections or send similar messages and communications to third party service providers, advertisers, other users and/or us. You agree to use communication methods available on the App only to send communications and materials related to the subject matter for which we provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms. By using any of the communications methods available on the App, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by us (unless expressly stated otherwise by SuperPsyched, LLC) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by us in any manner, though we reserve the right to do so at any time at its sole discretion in accordance with the Terms. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that the App, any necessary software used in connection with the App (if any) and any Content available on the App contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by us or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App, the software or Content available on the App (other than Content that you may submit), in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and license to access and use the App; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the App. You agree not to access the App by any means other than through the interface that is provided by us for use in accessing the App.
The term BehaviorSnap and other SuperPsyched, LLC logos and product and service names are the exclusive trademarks of, and are owned by, SuperPsyched, LLC, and you may not use or display such trademarks in any manner without our prior written permission. Any third party trademarks or service marks displayed on the App are the property of their respective owners.
We reserve all rights not expressly granted hereunder.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE APP IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. SUPERPSYCHED LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SUPERPSYCHED LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE APP WILL BE CORRECTED.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the App, your use of the App, your athletic activities which generate the Content you post or seek to post on the App (including, but not limited to, athletic activities in connection with any contests, races, group rides, or other events which our sponsors, organizes, participates in, or whose App is used in connection with), your connection to the App, your violation of the Terms, or your violation of any rights of another person or entity.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the App. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the App (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the App. Termination of your account may include (x) removal of access to all offerings within the App, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the App. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the App.
This App is controlled by SuperPsyched, LLC from its offices within the United States of America. We make no representation that the Content in the App or the App are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this App from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any action related to the App, the Content or the Terms shall be governed by California law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Boulder County, Colorado for any legal proceedings related to the App or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the App or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Sections 9, 11, 12, 13, 15 and 16 shall survive termination of your account and/or the Terms.
You agree that no joint venture, partnership, employment or agency relationship exists between you and SuperPsyched, LLC as a result of the Terms or your use of the App. The Terms constitute the entire agreement between you and SuperPsyched, LLC with respect to your use of the App. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of us. We have the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the App. Our notice to you via email, regular mail or notices or links on the App shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
We will provide support to you related to the App via the following methods:
We try to respond to support requests within 48 hours after the request is placed.
What information we collect and store depends in part upon how you use our services.
In some instances, you may provide information directly to us. For example, you may provide information when you subscribe to our newsletter on our website. Additionally, if you ‘Like’ BehaviorSnap on Facebook or follow @BehaviorSnap on Twitter, we are provided with personal information. At conferences and conventions, you may provide contact information in order to enter a giveaway or to receive updates regarding BehaviorSnap. The types of information we may collect include your name, email address, employment information, comments, and any other information you choose to provide.
In addition to the information that you provide, we may also collect information automatically, such as:
Device Information: Through Google Analytics, we collect information about the mobile device you use to access BehaviorSnap, including the hardware model, operating system, and version.
App Use Information: Google Analytics also provides us with information regarding how BehaviorSnap is being used (i.e. which observation types are used most often, what reports are generated, etc.).
Country of Origin: Apple provides us with the country of origin of each user that purchases BehaviorSnap.
All information and data gathered from Google Analytics or directly from Apple is anonymized. None of the data includes names or device IDs or any other personally identifiable information.
We may use your information for various purposes, including to:
Provide and deliver the products and services you request and send related information, including email correspondence;
Monitor and analyze trends, usage, and activities in connection with BehaviorSnap;
Communicate with you about products, services, offers, promotions, rewards, and events offered by SuperPsyched, LLC, and provide news and information we think will be of interest to you;
Send you technical notes, updates, and support and administrative messages;
Provide, maintain, and improve BehaviorSnap;
Respond to your comments, questions, and requests and provide customer service; and
Process and deliver contest entries and giveaways.
SuperPsyched, LLC is based in the United States and the information we collect is governed by U.S. law. By accessing or using BehaviorSnap or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
SuperPsyched, LLC may share information about you as follows:
With our app developer who needs access to such information to carry out work on our behalf, such as development of new features or updates;
If you provide information to us for the purpose of making it public (for example, on a blog or social media), we may publish such information via our website, social media, or marketing materials. We will contact you personally to obtain permission to use quotes on marketing materials;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company;
In response to a request for information if it is required by, or we believe disclosure is in accordance with, any applicable law, regulation, or legal process;
With your consent or at your direction, including if we notify you that the information you provide will be shared in a particular manner and you provide such information.
What steps do we take to protect your information?
SuperPsyched, LLC takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.