1. Relationship between you and Lifetrons.
By using Lifetrons digital health Products and Services, including the Websites, the Applications, the Products, the Product Software, the Web hosting services, the API or any other services provided by Lifetrons (hereinafter the “Products and Services”) you expressly confirm your agreement to the following Lifetrons Terms and Conditions for Lifetrons digital health Products and Services.
Lifetrons Terms and Conditions are binding and form a contract between you and Lifetrons. Lifetrons shall include all Lifetrons affiliates as described in each of the following documents. (hereinafter “Lifetrons” or “We”). Any reference to a particular affiliate of Lifetrons shall be enforceable for the specific condition into which such affiliate is your contractual partner. These Lifetrons Terms and Conditions supersede any other document of the Lifetrons Services Terms and Conditions concerning its purpose.
The Lifetrons Terms and Conditions are composed of:
Our Lifetrons digital health Products, as detailed in the user guide for digital health Products (the “Product”) must be used in accordance with the user guide attached to each Product.
As a user of the Products and Services, You, acknowledge and guarantee:
That You have obtained and read a copy of the Lifetrons Terms and Conditions; and,
To be in possession of the Lifetrons Terms and Conditions on a durable media for example by printing them out. Durable media means any instrument which enables you to store information addressed personally to you in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored; and,
To be of age required or otherwise authorized under the law of your country of residence to commit yourself into the Lifetrons Terms and Conditions.
Any objection or contestation to these Lifetrons Terms and Conditions will be interpreted as a refusal to agree to these Lifetrons Terms and Conditions. IF YOU WERE TO DISAGREE WITH THESE Lifetrons TERMS AND CONDITIONS YOU ARE NOT PERMITTED TO USE ANY Lifetrons PRODUCTS OR SERVICES.
2. Modification of the Lifetrons Terms and Conditions
It is understood and agreed between the parties that Lifetrons keeps the right, in any case, to modify all or part of the Lifetrons Terms and Conditions, to reflect changes to the law or any applicable regulation, changes to our Products and Services or any event which is deemed sufficient by Lifetrons to command such revisions. Any new version of the Lifetrons Terms and Conditions will not apply retroactively but replaces and supersedes the previous version of the Lifetrons Terms and Conditions.
We advise you to frequently consult the Lifetrons Terms and Conditions and to save each version on durable media.
3. General provisions
Any event that is deemed at once unforeseeable, insurmountable and external and thereby prevents us from fulfilling our obligations under these Lifetrons Terms and Conditions is considered an event of Force Majeure (“Force Majeure Event”). The following events are especially considered as examples of Force Majeure Events: strikes, flood, fire, lock-outs, disruption and distractions in transport services, supply difficulties in raw material or energy, any communication interference resulting in any difficulty to fulfil any order or performance of any act required by the Lifetrons Terms and Conditions shall be suspended for the duration of the Force Majeure Event. The performance of such act shall be immediately continued once the cause of the Force Majeure Event ceases.
This version of the Lifetrons Terms and Conditions constitutes the entire agreement between you and us and cancels, excludes and replaces any previous conditions in its subject matter. You acknowledge that other documents of the Lifetrons Terms and Conditions. you are subject to these Lifetrons Terms and Conditions.
If any provision of the Lifetrons Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part or provision will be deemed as unwritten.
Any failure to exercise or delay in exercising any right, power or privilege under the Lifetrons Terms and Conditions shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
Evidence – Electronic communication
Any notification and communication between Lifetrons and you can be realised by any electronic means of communication such as emails. You hereby grant us your express consent for sending you by electronic means of communication any notification through your Lifetrons account.
Governing law – Dispute resolution
In the event of any controversy or dispute between Lifetrons and You arising out of or in connection with your use of any Products and Services provided by Lifetrons, the parties shall attempt, promptly, in good faith and before any judicial action, to resolve the dispute amicably through alternative dispute resolution
By accessing Lifetrons Digital Health products and services, you unconditionally accept to be legally bound by the terms and conditions. If you do not agree to the mentioned terms and conditions, please do not use Lifetrons. In case of any ambiguity or doubts, users are advised to verify / check with other source(s) and obtain appropriate professional advice. Under no circumstances Lifetrons will be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of Lifetrons. These terms and conditions shall be governed by and construed in accordance with the Indian Laws. Any dispute arising under these terms and conditions shall be subject to the jurisdiction of the court of Pune, India.
Your Privacy when Using Lifetrons Software Pvt Ltd (Lifetrons) health Products and Services
The Products and Services are composed of various software applications (including mobile applications, web Applications, Product software), cloud-based Services, and connected Products that gather, store and process data to provide you insights and Services to help you lead a healthier life.
What information do we collect and when?
As transparency and easy access are key factors for us, below are is Personal data is processed in the following scenarios.
Identity data means the data which can directly identify you. They include, among others, your email address, birth date, name, surname, phone number, delivery address, IP address, and videos and pictures of you.
Activity data means data which correspond to a measurement of your physical/sports activities. They include, among others and depending on your Product, your number of steps, distance travelled, number of calories burned, continues heart rate, sleep time, type of activity, level of activity, and sport session time.
Body metrics data means data which correspond to an accurate measurement of your physical features and your body activity. They include, among others and depending on your Product, your weight, muscle, fat, water percentage, heart rate, breathing rate, and blood pressure.
Environmental data means data which correspond to your environment or surroundings. They include, among others and depending on the product features you use: noise level, light level, temperature level, CO2 concentration, and geo-location.
Technical features mean data, not directly identifying you, which allows you to use our Products and Services and allow us to improve your personal experience. They are, among others, your Wi-Fi network, technical logs, date of Product activation, battery measurement, manufacturing ID, debug technical information, and website cookies.
When you create an account with Lifetrons
When you use our applications
Some Personal data is communicated to us when you download, install, and use features of the application and the web application. This is the case when you set an alarm, share information, measure steps, respond to questionnaires, fill in a field in the Application, etc. It is also through the application that your Personal data is communicated to us when you install and synchronize your Product. Also, through the application you may activate certain optional features such as geolocation through your telephone. All your Personal data collected when using our applications will be under your Lifetrons account. :
When you use our Products and services
When you connect your Lifetrons account to a partner
You may ask a partner to share data, including Personal data with us. This is done via our API (Application Programming Interface) exchange system and the API of the partner. Such data will be under your Lifetrons account and all Personal data stored under your Lifetrons account will be protected as described in this document. Data that is collected using 3rd Party Partners App while using Lifetrons Digital devices may be stored at both Lifetrons and 3rd Party service providers servers. Please read the 3rd Party service providers policy.
When you contact our customer support
How do we use your Personal data?
We undertake not to sell or share your Personal data without your prior consent. At Lifetrons, protecting the privacy of our users is of utmost importance. We firmly believe that data can serve the collective interest when de-identified and that the insights provided by our Products and Services may allow you to make informed choices and sustainable changes.
The data you have generated and collected through Lifetrons digital Products and Services is processed by Lifetrons for the following specific purposes. One or more purposes may apply simultaneously:
Providing Products and Services
Personal data processed by Lifetrons Products and Services may be displayed on the application allowing you to access to you Lifetrons account. Personal data may be indicated as raw data (number of steps, weight, etc.), or as a result of a specific processing (heart rate, respiration, movement which produces your sleep patterns, etc.).
Developing and managing Products and Services
Your Personal data is used to improve our Products and Services, ensure the availability of our platform and improve the user experience. Also, in accordance with Internet standards, we retain a record of operations conducted in log form and we always work with de-identified data unless you have granted us your consent.
Communicating with you
When you contact our customer support department to resolve a problem that you have reported, our team members may be required to process your personal data to help you.
Conducting data studies
Lifetrons may share non-identified and aggregated Health data with partners or the public. Data will always be disclosed in a way that it cannot be tied to a particular individual. We may share such data to professional partners such as hospitals, researchers or other companies, as well as to the public in blog posts and data studies.
Marketing, advertising and making recommendations
Your Personal data may be used to offer surveys, competitions, discount coupons or events in which you are free to participate. The same medium shall also be used to provide you information on our Products, such as new features, sales offers from Lifetrons or our partners, or to announce new Products.
For how long do we retain your Personal data?
Apart from where the law provides a specific period, we retain your Personal data for a period not exceeding the period required for the purposes for which it was collected and processed. As for the Personal data under you Lifetrons account, we retain until the account deletion.
How can you contact us?
For any questions regarding Lifetrons’ privacy practices you may want to contact us through at email@example.com
1. Relationship between you and Lifetrons
The Applications are distributed by Lifetrons Software Pvt Ltd. (hereinafter “Lifetrons” or “We”).
The following Applications Terms are a sub-set of Lifetrons Terms and Conditions for Lifetrons digital health Products and Services (“Lifetrons Terms and Conditions”). The Applications Terms supersede any other document of the Lifetrons Terms and Conditions concerning its purpose.
An Application (hereinafter “Application”) is a software application developed by or for Lifetrons, composed by a graphic interface (and other Application Elements as defined below), that can be used in particular through your smartphone, and from which you interact with the features that are made available to you by the Application and allow you to save, store, access, use your data, such as identifying data.
As a user, you acknowledge and guarantee:
That you have obtained and read a copy of these Applications Terms; and,
To be in possession of the Applications Terms on a durable media for example by printing them out; and,
To be of age required or otherwise authorized under the law of your country of residence to commit yourself into these Applications Terms.
That you have the right to access and use the Applications
Any objection or contestation to these Applications Terms will be interpreted as a refusal to agree to these Applications Terms. IF YOU WERE TO DISAGREE WITH THESE APPLICATIONS TERMS YOU ARE NOT PERMITTED TO USE THE APPLICATION, AND SHALL UNINSTALL THE APPLICATION.
API refers to Lifetrons application programming interface for developers dedicated for Lifetrons health Products and Services, as specified in the applicable API agreement.
Products or Lifetrons Products and/or Services or Lifetrons Services refers to a range of Lifetrons health products and services offered and provided by Lifetrons.
Website refers to the website available at the following address: lifetrons.in
3. Modification of the Applications Terms
It is understood and agreed between the parties that Lifetrons shall have the right, in any case, to modify all or part of these Applications Terms, to reflect changes to the law or any applicable regulation, or any event which is deemed sufficient by Lifetrons to command such revisions. Any new version of the Applications Terms will not apply retroactively but replaces and supersedes the previous Applications Terms.
We advise you to frequently consult the Lifetrons Terms and Conditions and to save each version on durable media.
4. Prerequisites for Applications usage, downloading and updates
You must download the Application on your personal medium before using it. This medium can be your personal smartphone or the Web browser of your computer (hereafter collectively referred to as the "Device"). The download of the Applications, and the exchange of data between the Application and Lifetrons servers or services requires an Internet network connection that you have to supply. However, some Applications can be used without Internet connection. Sufficient quality of your Internet connection and sufficient speed and performance of the processor of your Device are essential prerequisites for the use of Applications. More detailed information on such prerequisites can be found on our website. For more information please contact our customer support department.
Your Device may not be compatible with the Application even if you are able to download it to your Device. Before any use, you are responsible to check if your Device and the Application and/or Lifetrons Products are compatible.
You must comply also with the terms and conditions applicable to the online store used to download the Application.
The Applications update will be set up in accordance with the terms of how updates are managed by the manufacturer of your Device and/or the provider of your operating system. We hereby inform you that the Application update may include substantial modifications of (1) the Application and/or (2) functionality available through the Application. We are unable to guarantee the continuity and availability of any functionality available through the Application. Furthermore, the functionality and availability of the Application may also vary depending from where you download or connect to the Application.
5. Your Use of the Applications
Data retrieved and presented to you through an Application may not be accurate due to an inappropriate use of the Application, Product or Device. Therefore, you may not use such data as a specific basis in a health plan.
By using an Application, you shall not:
Make any use of the Application in contradiction with any law or regulations, or third-party rights such as intellectual property rights, or rights with respect to privacy etc.; and,
Act in any manner that shall create any prejudice to Lifetrons, its affiliates, partners or any user of our Applications, Website, API, Products and Services; and,
Fraudulently introduce any data on the Application, Website, API or through the Application; and,
Fraudulently Introduce any data on the Website or on Lifetrons data server; and,
Interfere, obstruct, or distort the proper working of the Application or use the Application in any manner whatsoever to interfere with any rights of third parties or Lifetrons; and,
Undertake any action and/or use any method allowing data to be retrieved, including Data scraping, data harvesting, Web crawling from the Application or our database enabling any direct or indirect migration and/or duplication of a significant portion of the data and Services accessible from the Application; and,
Introduce in the Application any identifying data that was brought to the attention of a health care professional such as a doctor by any means; and,
Probe, scan, and technically analyse the Application; and,
Test the vulnerability, the performance and functionality of the Application for reasons other than the ones strictly necessary to use the Application; and,
Breach of any security measures implemented on the Application by Lifetrons; and,
Use any illegitimate means to breach any authentication method, implemented by Lifetrons in order to enable connection by the user to the Application and/or to the purchasing and payment system; and,
Access and maintain yourself into any section of the Application that is not specifically accessible to you by the usual use of the Application.
6. Connection and identification
Your identification through a Lifetrons account (hereinafter the “Account”) is required before any connection, access and use of an Application. We remind you that you may decide to create your Account under a pseudonym.
By connecting an Application and a Product, you identify yourself as the user of the Product. This connection allows you to:
Link data collected by the Product to your Account; and,
Have access to your data through the graphic interface of the Application; and,
Should you create an Account, you are requested to follow a set of requirements in order to avoid that a third party would obtain access to your Account. Therefore, you have to verify that your password is sufficiently secured (composed with enough characters, mixed cases, and varied alphanumerical characters, etc.), and disconnect your session when you disconnect from the Website and/or the Application. Access to your Account and/or any other means at your disposal to get connected to the Website and/or the Applications is made under your own liability. We remind you that access to your Account can provide access to your personal data.
Any connection to your Account from a third party and to which you have given you prior consent is your own responsibility. We cannot be responsible for any of the personal data communicated to one or several third parties through an authorization given implicitly or explicitly by you to any such third parties. Leaving the Application without logging-out, or not adding a second password security, is considered as an implicit authorization by you.
7. Intellectual property - License to use the Application
The Application is composed of elements such as text, interfaces, photographs, charts, pictures, browsing means, trademarks, logo, graphics, design, music, artworks, computer code, software, fonts or any other elements incorporated into the Application (hereinafter “Application Element”). The Application Elements and all rights, including without limitation title and intellectual property rights therein, are owned by Lifetrons and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organization, and code of the software are valuable trade secrets and confidential information of Lifetrons and/or its licensors and affiliates.
Subject to your compliance with the Lifetrons Terms and Conditions, including these Applications Terms, we, or any third party specifically designated for this purpose, grant you a personal, non-exclusive, non-transferable, non-assignable, non-sub licensable license, revocable at any time at Lifetrons’s sole discretion, to access and use the Application strictly in accordance with the Lifetrons Terms and Conditions. Use of the Application does not grant you any intellectual property rights in or to any information or content in the Application. The license granted under these Application Terms is strictly limited to the purpose of the Lifetrons Terms and Conditions.
You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, market, rent, lease, reverse engineer, de-compile, extract or otherwise attempt to discover the source code of any software included in the Application. For open source licensed software, if any, applicable open source license terms apply.
No right or license, express or implied, is granted to any part of the Application except as expressly set forth herein. In addition, no licenses or immunities are granted to the combination of the Application with any other software or hardware not delivered by Lifetrons or its authorized distributors or resellers. Also, any and all licenses with respect to any patents of Lifetrons and/or its licensors and affiliates and of any third party (including essential patents) are specifically excluded from the scope of the Lifetrons Terms and Conditions, including these Application Terms, and such licenses need to be acquired separately from Lifetrons or the respective right holders, as the case may be. Unless otherwise specified, the right hereby granted may apply to any updates and evolution of the Application. However, some functionality or features may be available through a specific license, if these functionalities or features are produced by third parties, although integrated into the Application (hereinafter “Third Party Functionality”).
8. Third Party Functionality
We may introduce functionality or features developed and provided by third Parties into the Application in order to provide you additional functionality and features. You shall agree to the applicable third-party terms and conditions in order to be able to use such Third-Party Functionality. As we are not a party to your contract with such third party, we are not liable for any use nor for direct or indirect consequences of your use of such functionalities or features provided by third parties.
9. Data Protection
10. Data Hosting
By using an Application, you allow Lifetrons, or any third party designated by Lifetrons for such purpose, to store data collected when using a Product and/or an Application and/or functionality allowed by a Product and Application. You may not be able to access to your data at all times, as we cannot guarantee you that your data will be available forever.
The following warranty applies to:
The Product Software;
Any improvements of the above.
The following warranty does not apply to:
Unless required by any mandatory legal provision, the Website, the Applications, Product Software, hosting Services, the API and improvements of any of the above (hereinafter the “Elements”) are provided on an “AS IS” and “AS AVAILABLE” basis. Lifetrons MAKES, AND USER RECEIVES, IN CONNECTION WITH THE ELEMENTS NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE ELEMENTS, OR ANY CONTENT, SERVICES OR FEATURE OF THE ELEMENTS, INCLUDING ANY INFORMATION AND DOCUMENTS DOWNLOADED BY YOU ARE FREE OF ERRORS OR DEFECTS, OR THAT THE AFOREMENTIONED WILL BE CORRECTED.
Lifetrons DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE DIRECTLY OR INDIRECTLY SUFFERED BY YOU, IN CONNECTION WITH OR RELATED TO YOUR USE OF ANY ELEMENTS. YOU MUST ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ELEMENTS. YOUR SOLE REMEDY AGAINST Lifetrons FOR ANY DISSATISFACTION WITH ALL OR PART OF THE ELEMENTS OR ANY CONTENT DIRECTLY OR INDIRECTLY LINKED TO IT IS TO STOP USING THE ELEMENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES WITHOUT WHICH THE PARTIES WOULD NOT HAVE ENTERED INTO THE AGREEMENT.