Terms and Conditions
This Terms and Conditions is between you ("user") and Olive Healthcare Inc. and braintingle (“Olive”, "braintingle, “us”, “we”, “app”, “Products”). Olive Healthcare Inc. owns the website located at http://olive-hc.com/, https://www.braintingle.io/ (A temporary website. The website, any subdomain thereof, any goal-setting portal hosted by braintingle, any mobile version thereof, or any software system designed to support or permit interaction with the website or its functionality over a network, the "Website").
The Parties hereby agree as follows:
1. THE PATTERN
1.1 The Pattern (bad habits)
User would perform his or her Pattern (the "Pattern") as specified on the page summarizing User's Pattern that is displayed on the app when User accepts the Pattern (the "Pattern Summary Page"). The data used to generate the Pattern Summary Page will be uniquely identified and retained by braintingle so that the Pattern Summary Page can be automatically generated in the future.
1.2 Risk of Failure to Keep Pattern
User acknowledges that there exist circumstances within or beyond User's control that may prevent User from achieving the Pattern. User and Braintingle agree that it is a basic assumption of the parties in making this Pattern that User will bear the risk of any inability to break bad habits. User understands that User is solely responsible for the identification and description of the Pattern as specified in the Pattern Summary Page and THAT USER BEARS ALL RISK ASSOCIATED WITH SUCH PATTERN, including, but not limited to, User's efforts to satisfy the Pattern and User's ultimate Success or Failure in achieving the Pattern. In addition, User understands that User is solely responsible for any loss, damage, illness, injury or death to person or loss or damage to property related in any way to the Pattern or User's efforts in connection with the Pattern.
2. CHILDREN UNDER AGE 18
2.1 Pattern may not be appropriate for children
Children under age 13 are prohibited from creating Patterns and USER REPRESENTS AND WARRANTS THAT USER IS NOT UNDER AGE 13. Braintingle recommends that children age 13 to 18 talk with their parents or guardians before creating a Pattern. Individuals under age 18 are prohibited from creating Patterns(bad habits) with Pattern Pledges.
3.1 Filing Reports
User understands that he or she will do their best to make all required reports to User's account on the app by the required date or dates specified in the Pattern Summary Page. User acknowledges that there exist circumstances within or beyond User's control that may prevent User from making a required Report in a timely manner. These circumstances include (but are not limited to) the possibility that User will not have access to the Internet. If Braintingle permits late filing of a report, User agrees to follow any rules Braintingle adopts regarding such late filing. User and Braintingle agree that it is a basic assumption of the parties in making this Pattern that User will bear the risk of any inability to report.
User shall be deemed to have failed in a reporting period (a "Failure") if, subject to any extension procedure Braintingle adopts: (a) User reports that User has failed to achieve the Pattern; or (b) User fails to make a required Report by the end of the required reporting day (11:59 p.m. Local time of the user).
User shall be deemed to have succeeded in a reporting period (a "Success") if User has reported a success.
4. EMAILING THIRD PARTIES
Unless the private account/Pattern feature is turned on, User authorizes Braintingle to send emails to the third user notified with User's Success or Failure in (i) making mandated Reports, and (ii) keeping the Pattern. A third user may opt out of receiving further emails.
If User has designated one or more "Cheering/Supporters," User authorizes Braintingle to send emails and alarms to these people notified of User's (i) Success or Failure, and (ii) filing of mandated Reports. Any Supporter may opt out of receiving further emails.
5. TERMS FOR FINANCIAL PATTERNS
User understands that if, as described in the Pattern Summary Page, User has elected an amount of virtual currency, which being equivalent to real currency, are paid to us. User further understands that User is not entitled to any interest on any Patterns held by Braintingle pursuant to this paragraph 5.
5.2 User Representations
User represents that the total of all Pattern authorized by User was and is voluntarily submitted by the user and cannot hold Braintingle accountable for the “correct” amount represented.
5.3 Payment and Billing
Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.
If you made a purchase through the Google Play store, your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.
If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them.
If the Pattern has Pattern Pledges, then User agrees to provide Braintingle with certain information, including without limitation, User's full name, address, telephone number, and bank account information. User agrees to provide Braintingle with the foregoing information as well as any other mandatory information that is accurate, complete and current. Braintingle will maintain such information in secure, encrypted form and in accordance with any applicable laws.
User shall be responsible for all charges incurred as a result of User's Pattern, including any applicable taxes. If payment cannot be charged to User's credit card or if a charge is refunded for any reason, including chargeback, Braintingle reserves the right to immediately and without notice, either suspend or terminate User's access and account, thereby terminating all of Braintingle's obligations under this Agreement. User is required to pay any amounts still owed to Braintingle at the time User's account is suspended or terminated.
5.4 Payment Processing
If User agrees to purchase an in-app product offered by Braintingle, then User authorizes Braintingle to charge User based on their selection through in-app.
7. TERMS FOR HEALTH AND FITNESS RELATED PATTERNS
7.1 User Representations
User represents that User has not been diagnosed with an active condition of anorexia or bulimia nervosa, respiratory disease, heart condition or any other condition that would make the Pattern unhealthful.
7.2 Health Disclaimer
Braintingle is not a medical organization. Nothing contained in this Pattern or on Products should be construed as medical advice. The information and goal-tracking reports generated by Braintingle should not be interpreted as a substitute for physician consultation, evaluation, or treatment. User acknowledges that Braintingle has no knowledge of User's health condition and that User alone is responsible for whether the Pattern poses any health or other risks to User. User is urged and advised to seek the advice of a physician before beginning any health or fitness Pattern. Health and fitness Patterns are not intended for use by persons with an adverse health condition or who are pregnant. Pregnant women and individuals with adverse health conditions are specifically warned to seek professional medical advice prior to initiating any form of health or fitness Pattern.
8. WARRANTIES AND LIMITATION ON LIABILITY
Braintingle app and all materials contained on it are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied.
IN NO EVENT WILL BRAINTINGLE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE EITHER IN PATTERN, TORT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR UNDER ANY STATUTE, REGULATION OR ANY OTHER THEORY, TO USER OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM, OUT OF OR IN RELATION TO OR IN CONNECTION WITH THIS AGREEMENT OR USER'S PATTERN, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding anything to the contrary contained herein, Braintingle's liability to User for any Braintingle whatsoever, and regardless of the form of the action, in no case will exceed the lesser of User's Pledges for the specific Pattern at issue or $1,000. User acknowledges that if no fees are paid by user to Braintingle for the service, User shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Braintingle, regardless of the Braintingle of action.
9. TERM AND TERMINATION
This Agreement shall terminate upon Success or Failure in the final report as identified in the Pattern Summary Page.
User agrees that this Pattern may be cancelled with no binding legal responsibility by both sides.
9.3 Refund Policy
Braintingle does not manage payment refunds processed by third parties, such as Google and Apple. The User is responsible for working with above mentioned parties in his or her pursuit of refund. Braintingle reserves the right to modify this Refund Policy at its discretion, or against any User it believes is abusing this policy.
10. ALTERNATIVE DISPUTE RESOLUTION CLAUSE
User and the Company agree that all disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with this Agreement ("Dispute(s)") shall be submitted first to non-binding mediation. If the Dispute is not resolved through such mediation, then the Dispute shall be submitted for binding arbitration in Delaware in accordance with the Consumer Procedures and Rules of the American Arbitration Association. User understands and hereby agrees that Disputes shall be arbitrated on an individual basis and that there shall be no right or authority for any Dispute to be arbitrated on a class action basis or in any other representative capacity on behalf of other persons similarly situated. In addition, Disputes brought to arbitration pursuant to these Terms and Conditions of Pattern may not be joined or consolidated in arbitration with Disputes brought by or against any third party, unless agreed to in writing by all parties. No arbitration result is to be given preclusive or precedential effect as to issues or claims in any Dispute with anyone who is not a party to the arbitration. Costs of arbitration shall be borne equally by both parties and upon resolution by the arbitrator, the losing party shall reimburse the prevailing party.
11. CHOICE OF LAW AND MERGER CLAUSE
This Agreement shall be governed by the internal laws of the State of Delaware determined without reference to principles of conflicts of law.
Each Party acknowledges that, in agreeing to enter into this Agreement, it has not relied on any representation, warranty, collateral Pattern or other assurance (except those set out in this Agreement and any documents referred to in it) made by or on behalf of any other Party or any other person whatsoever before the execution of this Agreement. This Agreement may not be modified except by a writing subscribed to by authorized representatives of both parties.
12. CERTIFICATIONS, DISCLAIMERS, ACKNOWLEDGEMENTS
Braintingle warrants and affirms, and User acknowledges that:
Braintingle is not engaged in identifying third user(s) and does not know their location.
Braintingle is passively receiving the email address for third user(s) and the system will automatically send an email to that address. At no point during this process does Braintingle have any knowledge of the location of the recipient or take any interest in directing the email towards a particular location.
No person (including any Designated Recipient), other than User and Braintingle, shall have any rights under this Pattern, it being the intent of the parties that there shall be no third-party beneficiaries.
Braintingle is not a legal organization. Nothing contained in this Pattern or on the app should be construed as legal advice. This Pattern is void where prohibited by law.
User agrees that User has not paid Forfeited Pledges for the purpose of, or in connection with, the sale, transfer, encumbering, or leasing of property (real or personal) or for any other purpose which would Braintingle the Forfeited Pledges to be deemed an escrow arrangement. User agrees that the Forfeited Pledges are the property of Braintingle and that Braintingle does not hold the Forfeited Pledges in an escrow or any fiduciary capacity.
User certifies that User has read and understands the above and agrees to the terms and conditions as signified by clicking the "Yes, I agree with all the above" check mark at the bottom of Pattern’s pledge screen (if any).
1. INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following information about you:
Personal information including, for example, your name, e-mail address, telephone, information about your usage of the Products and information collected by tracking technologies as further described below that may identify you as an individual or allow online or offline contact with you as an individual.
We may collect additional personal information, for example, home address in order to verify family member status.
Braintingle does not collect or process credit or debit card (“Payment Card”) information. Apple and Google collect Payment Card information with respect to in-app purchases made through the Apps, and our payment processor collects Payment Card information with respect to purchases made through the Websites. Such payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information, they’ve - stored, and your card’s type, expiration date, billing address, and the last four digits of your card number.
For individuals using the Products in connection with an Community Sharing account as described in section 6, business information such as your company name, and company email address to the extent that you provide such information Facebook profile information, such as name, email address, and Facebook ID, if you choose to log in to the Products through Facebook.
Device Information such as operating system version, device type, and system performance information. Information collected via tracking technologies, as fully described in section 4.
If you choose to send a “cheer invitation” to use the Products using our system, we will ask you for their basic contact information. We will use this information to invite him or her to join the Products. We store this information for the sole purpose of sending invitations and tracking the success of our program. If your invitee would like us to delete his or her information, they can do so by opting-out as described in each invitation or by contacting us at .
If you choose to have your account verified to confirm your status as a student, we may allow a third-party platform to access the specific personal information you provide in order to perform the verification.
2. CONFIDENTIALITY AND SECURITY
The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal information, you can contact us at firstname.lastname@example.org. Except as described under the “Disclosure of Your Information” section below, we do not provide your personal information to any third party, outside of our company without your specific consent, as defined by applicable law.
3. NEWSLETTERS OR OTHER ELECTRONIC COMMUNICATIONS
If you sign up to receive promotional materials from us via email we will use the information you give us to provide the communications you have requested.
If you inform us that you wish to cancel email promotional materials by selecting “unsubscribe” at the bottom of such communication or by emailing us at email@example.com, we will remove you from our mailing list. If you no longer wish to receive push notifications, you may turn them off at the device level.
If you provide your phone number to us directly or through a third-party for the specific purpose of receiving an SMS message with a link to our Apps, you will receive such SMS message (the “SMS Service”). Standard text message rates will apply.
4. TRACKING TECHNOLOGIES
Braintingle and our analytics partners use technologies such as cookies, beacons, tags, and scripts to enable a service to recognize your device so you don't have to provide the same information several times during one task, recognize that you may have already given a password so you don't need to do it for every web page requested, and to measure how people are using the Products.
We use local storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on the Products also use HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5.
We partner with third parties to manage our advertising of the Products on other sites or platforms as well as across your other devices based on your past visits to our website and app. Our third-party partners may use technologies such as cookies to gather information about your activities within the Products to deliver such advertising to you, such as retargeting ads. We will acquire consent from you in order to use such trackers for advertising purposes to the extent required by applicable law. We currently do not respond to do-not-track signals. For more information about interest-based ads, including how to opt-out of having your web-browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices. Please note that this does not opt you out of being served ads. You may continue to receive generic ads on these third-party platforms. You may also opt out of receiving ads across devices by adjusting your ad preference in your Google account.
We use third party trackers to let us know when users have visited the Products by “clicking-through” our sponsored advertising or content hosted on third party platforms. The Products use Google Analytics code to gather statistical information. Google Analytics sets cookies to help us accurately estimate the number of visitors to the Products and the volumes of usage of the Products. This is done to ensure that the Products are available when you want them and are fast. For more information on how Google Analytics processes this information, visit www.google.com/analytics.
We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you engage with the Products, the events that occur within the Products, aggregated usage and performance data, and where the Applications were downloaded from. We may link the information we store within the analytics software to any personal information you submit within the mobile application.
As true of most websites, we gather certain information and automatically and store it in log files. This information may include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
If you receive the HTML-formatted version of our email newsletter, your opening of the newsletter is notified to us and saved. Your clicks on links in the newsletter are also saved. These and the open statistics are used in aggregate form to give us an indication of the popularity of the content and to help us make decisions about future content and formatting.
5. WHERE WE STORE YOUR PERSONAL INFORMATION
All information you provide to us through the Products is stored on our secure servers located in the US. Any payment transactions will be encrypted using SSL technology; all payment information is stored with our payment processor and is never stored on Braintingle’s servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Products, you are responsible for keeping this password confidential. We ask you not to share a password with anyone and suggest that your change your password frequently.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to the Products; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
6. CORPORATE AND OTHER COMMUNITY SHARING
There is interest by large consumer communities (companies, universities, hospitals, etc.) (“Communities”) to introduce the Products to their employees and members. If you have registered to use the Products through a code or other registration credential furnished by a Community (a “Community Subscription”), the Community will have access to your email address,, and the date you registered to use the Products, and the date on which you last used the Products. The Community will also have access to general usage information on an anonymized and aggregated basis with all other members of the Community that are using the Products.
Your Community may also have access to your usage information on an individual basis if you have provided appropriate consent under applicable law for such sharing. For example, many employers are offering incentive programs based on employee participation in health & wellness programs and desire to better understand how each of their individual employees is using the Products.
7. SINGLE SIGN-ON
You can log into our Products using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity, provide you the option to share certain personal information (such as your name and email address) with us, and to pre-populate our sign-up form. Services like Facebook Connect give you to the option to post information about your activities on our Products or to your profile page to share with others within your network.
8. ACCESS TO AND DELETION OF PERSONAL INFORMATION
Upon request, Braintingle will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information, please email firstname.lastname@example.org.
You may access your personal information to modify or update at any time via an online account, or by emailing email@example.com.
To request the deletion of your personal data that we have on file please email us at firstname.lastname@example.org. Upon request, Braintingle will permanently and irrevocably anonymize your data such that it can never be reconstructed to identify you as an individual.
We will respond to your request in a reasonable time frame.
9. USES MADE OF THE INFORMATION
We use information held about you in the following ways:
To ensure that content provided by the Products is presented in the most effective manner for you and for your computer or other device.
To provide you with information, products or services related to Braintingle that you will facilitate your engagement with the Products.
To provide you with promotional communications, such as email, to the extent that you have provided consent to receive such communications under applicable law.
To provide you with customer service communications.
To carry out our obligations arising from any agreements entered into between you and us.
To allow you to participate in interactive features of the Products, when you choose to do so.
To notify you about changes to the Products.
To understand your broad, non-specific geographic location to help us identify groups of users by general geographic market (such as zip code, state or country).
To account for applicable sales taxes based on zip codes provided to our payment processors for purchases made through the Websites.
To inform your Community about your registration and use of the Products as described under Corporate and Other Community Sharing in section 6 above.
To serve our advertisements to you through third party platforms, such as Facebook or Google, on other sites and apps or across your devices, to the extent that you have provided consent for such uses under applicable law
To provide you with the SMS Service to the extent that you have provided consent for such practices under applicable law.
We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Details of transactions you carry out through the Products and of the fulfillment of your Product orders.
Details of your visits to and interactions with the Products including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
If you are an existing customer, we will only contact you by electronic means (e-mail or in-Product communication) with information about products and services similar to those which were the subject of a previous sale to you.
If you choose to have your account verified to confirm your status as a student, we may allow a third party platform to access the specific personal information you provide in order to perform the verificatison.
We do not disclose information about identifiable individuals to companies that host advertisements on our behalf, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target.
10. DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
We may also disclose your personal information to third parties as follows:
In some circumstances, based on your specific requests, we may need to disclose your personal information to a third party so that they can provide a service you have requested from such party, or fulfill a request for information from such party. An example of this is the SMS Service.
In some circumstances, we may disclose the personal information that you have provided to Braintingle to a third party that offers and/or provides goods or services complementary to our own for the purpose of enhancing our users’ experiences by offering you integrated or complementary functionality, complementary services or bundled pricing options.
If Braintingle’s service providers (like hosting, market analytics, and payment service providers) require this information to provide services to Braintingle. Braintingle requires each of its service providers to agree to maintain the confidentiality and security of your personal information.
In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.
If Braintingle or substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal information in order to comply with any legal obligation such as to comply with a subpoena, bankruptcy proceedings, similar legal process, or in order to enforce or apply our agreements with you; or to protect the rights, property, or safety of Braintingle, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
With your Community account, if your subscription is a Community Subscription, as described under Corporate and Other Community Sharing above. With third parties, such as Facebook, in order to serve Braintingle advertisements on such third-party platforms, to the extent that you have consented to such practices under applicable law.
If you choose to have your account verified to confirm your status as a student, we may allow a third-party platform to access the specific personal information you provide in order to perform the verification.
11. WITHDRAWAL OF CONSENT FOR PROCESSING ACTIVITIES
To the extent that you have provided appropriate consent under applicable law to certain processing activities, such as use of trackers for the purpose of retargeting activities, such consent can be withdrawn at any time by emailing email@example.com.
12. LINKS TO THIRD PARTY SITES
The Products may, from time to time, contain links to and from the Products of our partner networks, advertisers and affiliates. If you follow a link to any of these external websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their policies. Please check these policies before you submit any personal information to these external websites.
13. SOCIAL MEDIA WIDGETS
Our Products include social media features, such as the Facebook Like button, and widgets, such as the “Share This” button, or interactive mini-programs. These features may collect your Internet protocol address, which page you are visiting on or Products, and may set a cookie to enable the feature to function properly. Social media features and widgets are hosted by a third party or hosted directly on our Products. Your interactions with these features are governed by the privacy statement of the company providing it.
Apple iOS users may opt-in to allow the Products to provide certain data to the Apple iOS “Health” application for display. This data will not be shared with third parties or used for marketing purposes.
15. USE OF BRAINTINGLE BY MINORS
You must be at least 13 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 13, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person's account and otherwise subject to these Terms.
16. INFORMATION POSTED ON FORUMS
Braintingle users have the ability to post content to one or more Braintingle Products. All such users may request and obtain removal of such posted content by contacting Braintingle at firstname.lastname@example.org and specifically identifying the content to be removed. Please be advised that any such removal does not ensure complete or comprehensive removal of all traces of the content posted on the Braintingle Products.
17. YOUR RIGHTS TO BE FORGOTTEN
At Braintingle, we strive to follow EU’s level of data privacy and data rights. If you wish to delete all personal information (forgotten), please contact us at email@example.com.