Terms and conditions of Samsung Health & Lympo healthy habits month

1. INTRODUCTION

These Terms and conditions of SAMSUNG HEALTH & LYMPO HEALTHY HABITS MONTH (“Healthy habits month”) (“Terms”) constitute the terms of the Healthy habits month. By participating in the Healthy habits month, each User confirms that it fully agrees to these Terms. If a User does not agree to the terms and conditions contained in these Terms, then the User may not use the Services of the Healthy habits month.

In addition to these Terms, each User is obliged to comply with the general terms and conditions (https://lympo.com/terms-and-conditions) of the Lympo App (including the Lympo Privacy Policy (https://lympo.com/privacy-policy).

IMPORTANT NOTE: If you are under the age of 13, you may not participate in the Healthy habits month program or use this software. If you are a Minor 13 or older but younger than 18 (“Minor”), you represent that you have reviewed these Terms with your parent or legal guardian and that you and your parent or guardian understand and consent to the terms and conditions of these Terms. If you are a parent or guardian permitting a Minor to use the Health habits month program, you agree to: (i) supervise the Minor’s use of the program; (ii) assume all risks associated with the Minor’s use of the program, (iii) assume any liability resulting from the Minor’s use of the program; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and are bound by these Terms for the Minor’s access and use of the Product.

LEGAL NOTICE: You agree that any and all disputes or claims you may have at any time with respect to Samsung apps and services, including Samsung Health, shall be resolved exclusively through final and binding arbitration, and not by a court or jury. You may find full arbitration and opt-out information at www.samsung.com/us/legal/phone-hsguide/ .

2. INTERPRETATION AND DEFINITIONS

These definitions will be used in the Healthy habits month Services:

  • App – the Android mobile app of the Company under or containing the brand name “Lympo”, which gives access to the Lympo Services (“Services”).
  • Challenges – various personal and group fitness challenges and events created by the Company or third-party services providers through or in the App. The App enables the User to sign up for a Challenge, track his or her activity by way of linking his or her account with the Samsung Health app’s activity tracker (as may be made accessible in the App) and receive LYM tokens as reward for participating in a Challenge (subject to conditions applicable for each Challenge) which are stored in app Wallet.
  • Company – Latgala OÜ, an Estonian limited liability company registered under registry code 14413266. References to “we”, “us” and “our” mean references to the Company.
  • Daily tasks – personal daily tasks around healthy lifestyle data categories like water intake, steps taken, sleep hours, weight, food intake, heart rate data, crunches, lunges, squats, jumping jacks activity data, swimming, rowing machine, cycling data which can be either reported by the User or tracked via Samsung wearables in the User’s Samsung Health app.
  • Healthy Rewards Month – a limited duration testing promotional trial phase (August – September 2019 upon the discretion of the Company) including special challenges and daily tasks for the Users who connected their Lympo User profile with their Samsung Health application profile;
  • LYM tokens – in-app tokens issued by the Company to the Users as a reward for participating in the Challenges. LYM tokens can be used to pay for online and offline products and services (including in-platform purchases) from the partners listed on the App, but which may only be used in the Lympo shop. Aside from the use as described herein, the LYM tokens have no cash or residual value and cannot be converted by Users for a cash equivalent.
  • Lympo shop – in-app e-commerce store where user can purchase partners listed products for LYM tokens. Company does not give any warranties. Products shipping, return policy etc. are written in App and are fully obligated by partners.
  • Privacy Policy – the privacy policy of the Company, as amended from time to time and available through the App, and may be found at https://lympo.com/privacy-policy.
  • Services – services provided by the Company or third-party service providers to the Users through or in the App, including the Challenges and Daily tasks.
  • Terms – these terms and conditions of the Company, as amended from time to time, which may be found at  https://lympo.com/terms-and-conditions.
  • User – anyone who uses the App or Services. References to “you” and “your” mean references to the User.
  • Wallet – the User’s wallet in the App for storing LYM tokens. The Wallet solely enables the Company to transfer LYM tokens to the User as reward for participating in a Challenge and no transfer of LYM tokens or other tokens to or from the Wallet by the User is possible.
  • Website – website located at https://lympo.com/ and all subdomains of such website.

3. GEOGRAPHICAL RESTRICTIONS

Healthy Rewards Month is only accessible in the U.S., including all features, products or services discussed, referenced, provided or offered through or in the Healthy Rewards Month.

The Company reserves the right to limit, in its sole discretion and without providing any justification related thereto, access to any feature, product or service in full or in part to any person or geographic area. Company is solely responsible for all such changes or modifications.

4. DATA COLLECTION AND USE

Company’s collection and use of your data will be in accordance with its privacy policy, located at https://lympo.com/privacy-policy .

Aggregated, anonymous result statistics of the Healthy habits month might be shared with the Samsung Health app. Company  will not share or expose any individual data to Samsung Health and other 3rd parties.

5. DISCLAIMER

Company is solely responsible for its actions and Servies, and those provided through the Lympo App. Samsung and Samsung Health are not responsible for Healthy habits month and Lympo services that they share data with.

The Lympo Service may access the following Samsung Health data:

Crunches, Lunges, Squats, Jumping jacks, Swimming, Rowing machine, Cycling, Daily Tasks, Water, Steps, Sleep, Weight, Food, Heart Rate. In addition, your device ID is included in the data shared with Lympo sSrvices.

The Service may store and use the data while you are using the Service.

6. NON-SAMSUNG MATERIALS

All Company Apps and Services, including the Lympo App, may display, include or make available content, data, information, applications or materials from Lympo or other parties (“Non-Samsung Materials”) or provide links to certain third party websites. You acknowledge and agree that Samsung is not responsible for the availability of such Non-Samsung Materials and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such Non-Samsung Materials.

You expressly acknowledge and agree that use of Non-Samsung Materials is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy and effort is with you. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Non-Samsung Materials, in any manner, and you shall not exploit the Non-Samsung Materials in any unauthorized way whatsoever, including but not limited to, using the Non-Samsung Materials to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use the Non-Samsung Materials in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Samsung is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions thatyou may receive as a result of using any of the Non-Samsung Materials. References to any names, marks, products, or services of any third-parties are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, or recommendation of, or affiliation with the third party or its products and services by Samsung. You acknowledge and agree that the use of any Non-Samsung Materials is governed by such Non-Samsung Materials provider’s, including Company’s, terms of use, license agreement, privacy policy, or other such agreement and that any information or personal data you provide, whether knowingly or unknowingly, to such Non-Samsung Materials provider, will be subject to such Non-Samsung Materials provider’s privacy policy, if such a policy exists.

SAMSUNG DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY NON-SAMSUNG MATERIALS PROVIDER. SAMSUNG EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY NON-SAMSUNG MATERIALS PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH NON_SAMSUNG MATERIALS PROVIDER.

7. APPLICABLE LAW

These Terms shall be governed by and interpreted in accordance with the laws of the State of New York, USA, without reference to its conflict of law provisions. These Terms shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.