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LifeTracker App Terms and Conditions

These terms and conditions ("Terms") govern the access to and use of the LifeTracker App (“App”) provided by PDNA Ltd., residing at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ England, Company number 09888062 (the “Company” or “we/us”), to you (“user” or “you”).

By downloading your App you agree to be bound by the following Terms and our Privacy Policy set out in Annex hereto and available online. Breach of any part of the Terms may result in suspension or termination of your LifeTracker account. If you do not agree to them, then do not install, use or create a LifeTracker account, and stop using the App immediately.

You affirm that you are fully able and competent to accept this agreement.

Registration and Termination

LifeTracker provides a service to manage your tasks and receive notifications about them (our “Services”).

About you: You warrant that you are over 18 and owner of the computer/devices in which the Software associated to your online account is installed. You undertake to fully comply with our Privacy Policy, which is incorporated as a part hereof.

Registration. Registration and creation of a LifeTracker account is required to use the App. To register, you must create an account by completing the corresponding form with your details (email and name) and agreeing to these Terms. You warrant that this information is and will be correct, complete and accurate at all times. A welcome email will be sent to you.

Activation. We try to provide access to the LifeTracker App immediately. We reserve the right to refuse the LifeTracker App to anyone for any reason. On confirmation of the account, you are granted a limited, revocable, non-exclusive and non-transferable license to use the LifeTracker App in accordance with these Terms.

Passwords. The passwords are confidential and it is therefore your responsibility to safeguard and ensure their correct use. You agree to notify us immediately upon learning of any unauthorised use of your account or any other breach of security known to you.

Termination. You may cancel your account at any time. All cancelations should be addressed to: support@lifetracker.io. Alternatively, you may just remove the App from your Device. We may suspend or cancel your registration immediately in case of breach by you of these Terms, by written notice or at any time, provide you 30 days’ notice of termination. On termination for any reason, your access to your account and all of its content will be disabled and your content deleted, except as maintained in backups (for back-up retrieval purposes only or for any legal contingency). In addition, we reserve the right to terminate your account if your account is inactive for more than 1 month (in this latter event, we will provide you 15 days’ notice of termination, sent to your registered email address).

Use

Proper Use of LifeTracker App. You agree to use the App in accordance with these Terms and applicable law. In particular, you will use the App in compliance with applicable law as to privacy, intellectual property, non discrimination, trade secrets, and the protection of personal image, honour and reputation.

Responsibility for use. You are responsible for all activities undertaken under your account. You may only upload data for which you have authorisation. You are data controller of all personal data collected and submitted via the LifeTracker service, and LifeTracker is data processor as defined in the Privacy Policy.

Restrictions on Use.
You may not:

  • use the App for any commercial purpose whatsoever or for any illegal or unauthorised purpose or in any unlawful manner or in a manner which promotes or encourages illegal activity including without limitations intellectual property rights infringement;
  • Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App;
  • copy (other than for back-up purposes), distribute, rent, lease, transfer or sublicense all or any portion of LifeTracker App;
  • modify or prepare derivative works of LifeTracker other than for your own use;
  • reverse engineer, decompile, or disassemble all or any part of the App or reformat or frame any pages or portion of the pages comprising the App otherwise as expressly permitted by these Terms or by applicable law.

When using the App, you must comply with all applicable laws and international laws, including the local laws in your country of residence.

You agree to indemnify and hold us harmless against any loss, damages, costs or expenses which we may suffer or incur as a direct or indirect result of your use of the App not expressly granted herein or by applicable law.

Intellectual Property Rights

We own all right, title, and interest to the App and the LifeTracker technology that runs the App service and the associated documentation, including all portions, copies or modifications thereof. Except as expressly stated otherwise in this Agreement, We retain all such rights. Our name, logo, trade names and trademarks are owned by us, and no right is granted to you to use any of the forgoing except as expressly permitted herein or by our written consent.

This Agreement does not involve a sale of any product and does not confer to you any property right to or in the App or services, including without limitation the technology underlying the App or any Intellectual or Industrial Property Rights therein held by us and our licensors.

You license to us any and all Intellectual Property rights of any data you upload on non-exclusive basis, royalty-free, worldwide, for the entire duration of your account, for the purpose of providing the services to you and to the other users, including without limitation to the rights of reproduction, distribution, and communication to the public, including other users of the App.

Confidentiality and Privacy Policy

You agree to keep confidential and use your best efforts to prevent and protect the contents of LifeTracker and accompanying documentation from unauthorized disclosure or use. Given the nature of the information posted by you to your account, your user data may be made public in accordance with the configuration of your User account.

Data Protection. Any personal data posted or accessed on the Services will be processed in accordance with our Privacy Policy set out below, to which you expressly agree.

Disclaimer / Liability

We assume no responsibility for documents or other data posted by you on the App, and no responsibility for the activities, omissions or other conduct of other users on the App. We may take any action with respect to user submitted information that it deems necessary or appropriate, in your sole discretion. Please inform us if you see any activity that you consider breaches these Terms or your rights. Except as established by mandatorily applicable law, your use of the LifeTracker App, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement

You agree that your use of the App and related Services shall be at your sole risk. To the maximum extent permitted by mandatory applicable law, in no case is the Company, its directors, employees, shareholders, affiliates or sponsors responsible or liable for any direct or indirect or consequential loss, including without limitation, damages, loss of reputation, equipment failures or other damage or loss, arising out of or relating in any way to (i) the use or the inability to use the App and Services; (ii) reliance placed by you on the completeness, accuracy or existence of any of the Services (iii) any changes which we may make to the Services, or for any permanent or temporary cessation in the provision of the Services (iv) unauthorized access to or alteration of your data or failure to keep your password or account details secure and confidential; (v) the deletion of, corruption of, or failure to store, any your content and other communications data maintained or transmitted by or through your use of the Services; (vi) any errors in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services; or (vii) statements or conduct of any third party on the Platform service. Our aggregate liability arising out of this statement or LifeTracker will not exceed the greater of one hundred euros (€100). Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

General

Agreement. These Terms contain the entire agreement of the parties relating to the subject matter hereof. Any representation, promise, or condition not explicitly set forth in these Terms shall not be binding on either party. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Severability. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect.

Modifications. We may modify without previous notice the design, outlay and/or configuration of the App, as well as the services offered, we may add new ones, and may revise these Terms (including the Privacy Policy). Any modification will be notified to you by email or via connection on the App and enforceable from the date of publication and any subsequent use of the App will be subjected to the new Terms, hence we recommend you to read them carefully.

Contact and notifications. You agree to receive our email notifications related to LifeTracker. We will not share your email with third parties. We may contact you for information and service notifications relevant to your account or when required by law. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Platform or delivering them to You through email. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

Law and Jurisdiction: These terms and the provision and use of LifeTracker are subject to Law applicable in the England and Wales without regard to its conflicts of laws provisions. For the resolution of any conflict regarding the interpretation, performance or breach of these Terms or use of LifeTracker, the parties submit to the exclusive jurisdiction of the Courts of London, United Kingdom without prejudice to any applicable consumer rights to bring actions in the court of the user’s domicile. The parties agree to use all reasonable efforts to resolve such issues amicably prior to initiating any legal action.

Contact. Any questions regarding LifeTracker, our products and services or these Terms should be addressed via the online web form or to support@lifetracker.io.

Version 1.0
Date: 10.05.2016

Achieving goals is simple:
right things at the right time and place.
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