This agreement (“Agreement”) is made on the date that you or your authorized representative accepts the terms of this agreement (the “Start Date”) by Allheartz, Inc (“us”, “we”, “our”, “Allheartz”) and the entity in respect of whom we have sent credentials (the “Client”, “you”, “your).
- Use of the Allheartz mobile application and platform (the “Product” and/or also including “Services”) means that you accept these Terms and Conditions.
- Allheartz operates a mobile application and desktop program that allows you to capture and analyze video footage of athletic movements.
- You need to create an account in order to use the platform.
- To create an account, you need to be invited by a qualified or pertinent leader associated with a sports team, such as but not limited to a Coach, Athletic Trainer or member within training staff, physician, therapist, or strength coach collectively referred to as a “Coach” or “Coaching Staff” user.
- Note that this version of the Allheartz application is not intended to capture or store any sensitive medical or healthcare information. The usage of this version of the Allheartz application is intended only to help improve the athletic training process.
- Allheartz is committed to protecting the privacy and security of our user’s data. We take great care in protecting your information using industry-standard and high-grade encryption techniques. We also periodically review our security arrangements, architecture and safeguards.
- Allheartz’s role provides coaching staff and teams along with other professional personnel with a tool for their athletes or other active individuals in the context of improving athletic training and injury prevention.
- Allheartz allows Athletes to capture video footage of themselves completing athletic movements, and submit these recordings for review by pertinent members of the coaching staff or other professional personnel.
- The Allheartz application applies proprietary machine learning methods to the video footage to derive analytical data describing the athletic movements, and to make the results of this analysis available to coaches and athletes.
- Allheartz is committed to improving injury prevention and athletic training abilities across our communities and population at large. To this end, information collection through the Services and/or email, text, or other electronic messages may also be considered for support of the Services and/or research to evaluate and improve our methods, and the athlete gives consent for their training video data, profile and/or derivatives to be used in this way. This policy does not apply to any individual or entity we do not control and/or manage. We may also use technologies such as cookies and/or web beacons to collect information.
- It is possible that some of the information collected may constitute protected health information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), which may be amended periodically. PHI is subject to special protections under HIPAA, and as applicable laws apply, we will comply with those requirements to the best of our ability. We may use and disclose PHI in a de-identified and aggregated manner to analyze and aid in improving our Services.
- If you do wish to limit and/or alter what information you would wish to have disclosed and/or share in the above and in particular as it pertains to research, please message us through the application at any time to have this reviewed. Some information may be necessary in order to appropriately utilize the application however we take your data and it’s use very seriously.
Your representations and warranties
By registering on the mobile application, you represent and warrant the following:
- (i) you are at least eighteen (18) years of age,
- (ii) you have the legal ability and authority to enter into these Terms and Conditions with Allheartz,
- (iii) the information you have provided to Allheartz in your registration is accurate and complete,
- (iv) you will comply with any and all laws applicable to your use of the mobile application,
- You must (and shall ensure that your Authorized Users must): (a) keep any log-in data and passwords used by you in relation to the Product strictly confidential; (b) not use the Product for any illegal or unauthorized purpose, and must ensure that your usage of the Product is at all times in accordance with all applicable laws and regulations; (c) not alter or remove any proprietary or identifying markings on the Product; (d) not misuse the Product by introducing, accessing, storing or distributing any viruses, trojans, worms, logic bombs or other materials which are malicious, technologically harmful, defamatory, infringing or facilitate any illegal activity; (e) not copy, reverse engineer, adapt, decompile, vary or modify any element of the Product, or authorize or knowingly or recklessly permit any person to do the same; (f) not make the Product available to third parties, or rent, lease, license, resell, transfer, distribute or otherwise use the Product for the benefit of any third parties; and (g) use the Product strictly in accordance with our instructions.
- You acknowledge and agree that we will not be liable to you or any Authorized User: (i) if the Product, the Client Materials and/or the Generated Materials are unavailable for any reason; or (ii) for any losses suffered by you or any Authorized User due to your or their reliance on or use of the Product, the Client Materials or the Generated Materials.
- You shall not at any time disclose the terms of this Agreement or any confidential information concerning our business, customers, clients or suppliers without our prior written consent, except as may be required by law. You may not assign this Agreement without our prior written consent.
- Upon termination or expiry of this Agreement, you shall cease to have any right to use the Product or the Generated Materials, and you shall immediately delete all Generated Materials in your possession or control.
- This Agreement shall be governed by and construed in accordance with US law and the parties submit to the exclusive jurisdiction of the California courts to settle any disputes.
- If you violate these Terms and Conditions, your ability to use the mobile application will be terminated.
In using the mobile application, you agree not to:
- Send unlawful material of any kind
- Misrepresent your identity
- Reverse engineer any technology on the application,
- Gain unauthorized access to the mobile application or to other user’s accounts or information on the application
- Launch or use any automated system to use any part of the app faster than a human would
- Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage the application
- Violate any applicable laws or regulations in any way;
- Alter or modify any part of the content or services offered on or through the mobile application;
- Allow any other person to use the mobile application with your registration or login information;
- Assist or permit any persons in engaging in any of the activities described above.
Intellectual property rights and content
- Allheartz is the sole and exclusive owner of the mobile application, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights
- You may provide input, comments or suggestions regarding the mobile application or Allheartz ("Feedback"). You acknowledge and agree that Allheartz may use any Feedback without any obligation to you
- The mobile application may contain links to third-party websites.
- Allheartz is not responsible for the content of any linked site.
- Links are provided as a convenience only, and a link does not imply that Allheartz endorses, sponsors, or is affiliated with the linked site.
Indemnification and limitation of liability
- YOU ACKNOWLEDGE AND AGREE THAT ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND ALL OTHER TERMS OF ANY KIND WHATSOEVER IMPLIED BY STATUTE OR COMMON LAW ARE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCLUDED FROM THIS AGREEMENT.
- Other than to the extent that such limitations are not permitted under applicable law: (i) we shall not be liable to you for any injury or medical issue, loss or corruption of data or for any special, indirect or consequential loss; and (ii) our total aggregate liability to you arising in connection with the performance or contemplated performance of this Agreement shall be limited to $1.
- The mobile application is provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied.
- To the fullest extent permissible pursuant to applicable law, Allheartz disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose.
- Allheartz doesn’t guarantee that the mobile application will be uninterrupted or error-free, that defects will be corrected or that the mobile application or the server that makes it available are free of viruses or other harmful components.
- Allheartz makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the mobile application for a particular purpose.
- Allheartz assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the mobile application.
- Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
- Business Associates: We may work with other companies and individuals who help us deliver our services, known as ‘business associates”. These entities are required to keep any PHI confidential and store it securely. For example, we use business associates in regards to storing data and running certain portions of our Services as necessary for the operation of the platform.
- You understand that you may receive and/or send email or other electronic communication as part of using Services, and while we encrypt data to the best of our ability, your email or electronic communication server may not guarantee encryption.
- While we take significant precautions to protect data, we cannot ensure or warrant the security of certain information you transmit to us or receive from us while in transit (such as sending emails while in transit, etc).
Children and the application
- If you are under the age of 18, you will need a parent and/or guardian to provide adequate consent for it’s use.
- You provide consent for video records and derivatives to be viewed and modified by a “Coach” or “Coaching Staff” user, in regards to those within their professional purview or other experience to need access for review in the course of aiding in evaluation of such data.
- You provide consent for video records and derivatives to be viewed and modified by a Researcher or in the process of undergoing analysis and/or research to improve our methods and/or machine learning information and/or injury prevention measures in general.
- California Residents: If you are a California resident, California law provides you with additional rights regarding collection, use, and disclosures of your personal information under the California Consumer Privacy Act (“CCPA”), Shine the Light law, and Do Not Track law. This does not include de-identified or aggregate information, but we do encourage you to know your rights. You have the right to request more information about specific data collection as well as requests to delete your information and/or opt out if applicable. You may message us through the application to make these requests which we will review at your behest. We will not discriminate against you if you exercise your rights under CCPA.
- Allheartz does not sell your Personal Information.