Legal

 

Privacy Policy

Last Updated: 15 November 2016

Service.

SQD, LLC (SQD) owns and operates the website http://www.SQDapp.com (the Site). SQD also develops, operates and distributes certain software applications (Apps), which include hosted applications and applications for mobile devices. The Site and the Apps, together with all content, forums, information sharing functions (including the ability to post User- generated content, User Content), tools, transactions and other services available at the Site or by using the Apps, are collectively referred to as the Service.

The following policy explains how SQD may collect, use and disseminate information obtained from Users of the Service. Capitalized terms used herein without definition will have the same meanings as defined in the Terms of Service applicable to the Site, Apps and Service, which are available at http://www.SQDapp.com/legal/.

Information Collected.

When you visit the Site, access an App or otherwise use the Service, web servers collect general information about your visit (such as, for example, traffic data like time, date and the address of the website from which you entered the Site), which is stored as anonymous, aggregate data. SQD also collects more specific information about you and your use of the Service (such as, for example, demographic data, profile data and frequency or duration of use). Collecting such data (Traffic Data) may entail the use of software programs, web beacons, pixel tags, cookies, IP addresses or other numeric codes used to identify a computer.

At your election ("opt-in"), you may elect to register, thereby gaining access to additional aspects of the Service (such as, for example, ability to use Apps and make SQD Teams). When you do so, our registration process may require you to specify a username and password, and to provide your name, address, zip code, legitimate electronic mail address and certain additional information (such as, for example, your preferred contact method, fitness goals and goods and services that may be of interest); in order to obtain certain aspects of the Service, you may also elect to provide access information related to your accounts at social networking sites (such as, for example, Facebook); and in order to obtain certain Transaction services (such as, for example, in order to establish SQD Teams), you will be required to provide valid credit card or other verified payment account information for billing and Rewards purposes (collectively, Registration Data).

By identifying yourself through a social networking account, SQD may obtain additional information about your corresponding profile (to the extent permitted by the terms, conditions and functions of that social networking site).

Children.

If SQD becomes aware that a person under 13 has provided personally identifiable information, it will take reasonable steps to remove such information and terminate the respective account.

Use of Information.

SQD uses Traffic Data to help diagnose problems with its web servers, to administer the Site and to analyze User trends and behaviors. Your IP address is not linked to personally identifiable information, but is used to gather broad demographic data and to monitor statistics to improve the Service.

SQD (and certain of its service providers, like payment processors) use Registration Data to deliver certain aspects of the Service to you, to contact you when necessary, to respond to your inquiries for additional information, to provide additional information according to your preferences, to facilitate or process Transactions, and for SQD's other business purposes. Sometimes Registration Data is used to send you information about goods, services, forums and other information and services that are available at the Site or other websites. At your election at any time ("opt-out"), you may choose to stop receiving future communications from SQD (see below).

SQD will use social networking account information only for the purpose of providing the Service to the applicable Client, and SQD will not otherwise attempt to obtain information from (or post information using) such accounts without Client’s permission.

IP Addresses and Cookies.

SQD uses your IP address to help diagnose problems with its web servers and administer the Site. Your IP address is used to help identify you and to gather demographic

information. IP addresses are also used to provide an audit trail regarding use of the Service.

"Cookies" are pieces of information that a website transfers to your computer's hard disk for record-keeping purposes. Cookies in and of themselves do not personally identify users, although they do identify a user's computer. You may be able to set your web browser to refuse cookies, which in turn may affect your ability to access and use the Service.

At this time, SQD does not utilize cookies to track your activities outside of the Service. Do Not Track Policy.

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Do not Track signals are set on a browser-by-browser basis, so you must set them on every browser you use if you do not wish to be tracked.

At this time, SQD does not track your online activities outside of the Service. Therefore, setting or releasing your Do Not Track signal does not affect how the Service operates.

For clarity, this is just our Do Not Track Policy. SQD cannot and does not make any promises about how third parties react when you set Do Not Track signals on your browser. In addition, the Do Not Track signal does not apply to the use of information collected prior to such request.

Sharing of Information.

Currently, SQD will not share personally identifiable information that it obtains from you with any third party for commercial purposes that are not related to the Service unless granted your written consent. For clarity, SQD and its payment processors share personally identifiable information about you in connection with processing your Transactions. SQD may, however, disclose personally identifiable data if (a) reasonably necessary to perform the Service, (b) authorized by the User, (c) otherwise permitted under the Privacy Policy or (d) SQD reasonably believes that such action is necessary to conform or comply with any legal, regulatory, law enforcement or similar requirement or investigation, to protect or defend the rights or property of SQD or any User or to enforce the Terms of Service.

California Residents.

Under California Civil Code Section 1798.83 (the "Shine the Light" law), California residents who provide personal information in obtaining products or services from SQD are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2015 will receive information regarding 2014 sharing activities). If you are a California resident and would like a copy of this information, please submit a written request to:

SQD, LLC 28 Appleton Street, Apt. #1, Boston, MA 02116, USA

Business Transfers.

SQD may also transfer Traffic Data and Registration Data (including personally identifiable information) to any successor to all or substantially all of its business or assets that concerns the Service. In the event of any such transfer, the successor will have all of the rights and be subject to all of the obligations of this Privacy Policy, including, without limitation, the right to modify or replace this Privacy Policy, as provided herein.

Security.

Information collected by SQD is stored in secure operating environments that are not made generally available to the public. Unfortunately, no data transmission over the Internet or wireless network can be guaranteed to be 100% secure. As a result, SQD cannot ensure the security of any information you provide, and you do so at your own risk. Once SQD receives your transmission, it will make reasonable efforts to ensure its security on SQD's systems.

Third Party Connections.

The Service may permit you to access the Service (including downloading Apps) from, and to link from the Service to, and to cause the Service to inter-operate with, other mobile apps, services and websites (including without limitation, to, from and with the mobile apps, services and websites of Site Affiliates). These other mobile apps, services and websites are not under SQD's control. The privacy and security practices of such other mobiles apps, services and websites linked to, from or with the Service are not covered by this Privacy

Policy, and SQD is not responsible for the privacy or security practices or the content of such other mobile apps, services or websites.

Opt-Out.

You may elect to avoid future communications from SQD by selecting the "Unsubscribe" link, which is located at the bottom of every SQD email; provided, SQD reserves the right to send you important information (such as, for example, information about Transactions entered into using the Service or information about changes to this Privacy Policy or the Terms of Service).

Please be advised that your desire to opt-out of future communications will not be effective (nor will your SQD Teams or your Service account be terminated) simply by deleting Apps from your mobile device. Opting-out becomes effective only by following the process described in the preceding paragraph (and your SQD Team(s) can only be terminated by following the process described in the applicable Policy and your Service registration and account can only be terminated by following the Terms of Service).

Non-US Users.

YOU EXPRESSLY CONSENT TO SQD'S PROCESSING OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. YOUR PERSONAL INFORMATION MAY BE TRANSMITTED, STORED AND PROCESSED BY SQD IN THE COUNTRY WHERE IT WAS COLLECTED AND IN THE UNITED STATES. UNITED STATES LAWS REGARDING PROCESSING OF PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.

Changes.

SQD reserves the right, at its sole discretion, to modify or replace this Privacy Policy, in whole or in part, at any time. SQD will use reasonable efforts to notify you of any material change at least 30 days in advance of the effective date of any change. Change notices will be communicated by postings at the Site, via the Apps or, in the case of Clients, SQD may also attempt to notify Clients by electronic mail. In any case, you should periodically check the Privacy Policy for changes. Continued use of the Service following any such notice of any change to the Privacy Policy shall constitute your acceptance of those changes. Information collected by the Service is subject to the Privacy Policy in effect at the time of use.

You may correct or otherwise change your Registration Data by contacting SQD, as provided below.

Contact.

If you have any questions regarding this Privacy Policy or your dealings with the Service, please contact SQD using our members-only contact form at https://www.SQDapp.com/help/ or contact us at:

SQD, LLC

Attn: Privacy Policy
28 Appleton Street, Apt. #1 Boston, MA 02116, USA

Copyright 2016


Team Policy

Last Updated: 15 November 2016

SQD, LLC (SQD) owns and operates the website http://www.SQDapp.com (the Site). SQD also develops, operates and distributes certain software applications (Apps), which include hosted applications and applications for mobile devices. The Site and the Apps, together with all content, forums, information sharing functions (including the ability to post User- generated content, User Content), tools, transactions and other services available at the Site or by using the Apps, are collectively referred to as the Service.

The following SQD Policy explains the terms and conditions pursuant to which Clients may incentivize their exercise programs by establishing separate contracts (SQD Teams) with SQD. Capitalized terms used herein without definition will have the same meanings as defined in the Terms of Service applicable to the Site, Apps, SQD Teams and Service, which are available at http://www.SQDapp.com/legal.

1. SQD TEAMS

Promise. Client promises that he or she will fulfill his or her SQD Team contract, as more fully specified on the profile page summarizing the SQD Team commitments (My Account Page), which is displayed at the App when Client accepts the SQD Team contract. The data used to generate the My Account Page will be uniquely identified and retained by SQD so that the My Account Page can be automatically generated in the future. SQD Teams are specified on a weekly basis (Monday through Sunday) and renew automatically, week to week, except as otherwise provided in this SQD Team Policy or the Terms of Service. Clients may opt-out of their SQD Team commitments for the following week at any time prior to midnight (local time zone) Sunday of the prior week. If a Client makes any modifications to his or her SQD Team contract, those modifications apply only to the SQD Team and will not affect any other SQD Teams the Client might have.

Risk of Failure. Client acknowledges that there exist circumstances within or beyond Client's control that may prevent Client from achieving the SQD Team commitments (a Failure). Client and SQD agree that it is a basic agreement of the parties in making the SQD Team contract that Client will bear the risk of any Failure. Because Client is solely responsible for the identification and description of the SQD Team as specified in the My Profile Page, CLIENT BEARS ALL RISK ASSOCIATED WITH SUCH SQD TEAM, including, but not limited to, Client's efforts to satisfy the SQD Team commitments and Client's ultimate success or Failure in achieving the SQD Team commitments. In addition, Client understands that Client 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 SQD Team or Client's efforts in connection with the SQD Team commitments.

2. NO MINORS

Users under the age of 18 years old are prohibited from creating SQD Team contracts and CLIENT REPRESENTS AND WARRANTS THAT CLIENT IS NOT UNDER THE AGE OF 18 YEARS OLD.

3. SQD SERVICE FEES

Service Fees. Client understands that they have elected an amount of money (“Hurt Money” Fees) that the Client is obligated to pay in each weekly reporting period in the event of Failure and such Service Fees are governed by this section. Client acknowledges and agrees that Client is not entitled to any interest on any Service Fees paid to or held by SQD pursuant to this SQD Team Policy. Client represents that the total of all Service Fees for all SQD Teams authorized by Client, in the aggregate, is less than 10% of Client's weekly income.

Payment and Billing. Client agrees to provide SQD (and/or its payment processor) with certain information as may be necessary to validate his or her Authorized Payment Method (such as, for example, Client's full name, address, telephone number, and credit card or validated PayPal account information). Client agrees to update such information so that it is always accurate, complete and current. SQD will use commercially reasonable efforts to maintain such information in secure, encrypted form and in accordance with any applicable laws and with SQD’s Privacy Policy (which is available at http://www.SQDapp.com/legal/).

Client shall pay all Service Fees incurred as a result of any Failure to fulfill his or her SQD Team commitments, including any applicable taxes. If payment cannot be charged to Client's Authorized Payment Method, or if any Service Fees are charged back to SQD for any reason without SQD’s consent, then SQD reserves the right to immediately and without notice, either suspend or terminate Client's access and account, in which case all of SQD's obligations under the SQD Team contract and this SQD Team Policy shall terminate immediately. Client will remain obligated to pay any amounts still owed to SQD at the time Client's account is suspended or terminated.

If Prepayment is not selected because that option is either not offered by SQD or not selected by Client, then Client hereby authorizes SQD to charge Client's Authorized Payment Method only upon Failure; such charge shall equal the Service Fees for that weekly reporting period. Client understands that such a charge could occur in each and every weekly reporting period during the term of the SQD Team contract. Client agrees that Service Fees are the sole and exclusive property of SQD and that SQD does not hold Service Fees in any escrow, trust or other fiduciary capacity for the benefit of Client.

4. TERM AND TERMINATION

Term. Each SQD Team contract shall terminate upon completion of the SQD Team duration commitments. Until the end of that time period, the SQD Team renews automatically, week to week, except as otherwise provided herein or in the Terms of Service.

Cancellation. Client agrees that his or her SQD Team may not be cancelled except as set forth in this section. Please note that your SQD Team will not be cancelled simply by deleting the App from your mobile device.

The SQD Team may be suspended or cancelled by Client if and only if (i) Client edits the My Account Page to “Get Benched” for a defined or undefined period of time, or (ii) Client completes the “Delete Account” process.

Client also agrees that SQD, upon notice to Client, may terminate any SQD Team contract that SQD, in its sole discretion, deems to be inappropriate, unhealthful, illegal, against public policy, or based on false or misleading information provided by Client.

SQD Teams shall also be terminated upon any termination of the Client account as permitted pursuant to the Terms of Service.

Refund Policy. SQD does not refund Service Fees for SQD Team Failures except when both of the following conditions exist: (1) Client suspends or cancels the SQD Team pursuant to preceding section, and (2) after suspension or cancellation of the SQD Team becomes effective, Service Fees are charged to Client's Authorized Payment Method as a result of Client’s Failure to complete his or her SQD Team commitments. To obtain a refund, Client must provide Client's correct e-mail address and mailing address to SQD (hello@sqdapp.com). SQD will not be liable for any claims that a refund has been delayed if such delay was a result of an incorrect email address or mailing address provided by Client to SQD. SQD reserves the right to modify this Refund Policy at its discretion (according to

the change process described in the Terms of Service), but may suspend or cancel the refund right at any time against any Client that SQD believes is abusing this policy.

5. CONTACT

If you have any questions or need to communicate with us regarding your SQD Team or this SQD Team Policy, please contact SQD using our members-only contact form at http://www.SQDapp.com/help/ or contact us at:

SQD, LLC
Attn: SQD Customer Service
28 Appleton Street, Apt. #1 Boston, MA 02116 USA


Last updated: 15 November 2016

End­ User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using My Application (SQD) ("Application").

By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.

LICENSE

SQD grants you a revocable, non­exclusive, non­transferable, limited license to download, install and use the Application solely for your personal, non­commercial purposes strictly in accordance with the terms of this Agreement.

RESTRICTIONS

You agree not to, and you will not permit others to:

a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

MODIFICATIONS TO APPLICATION

SQD reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

TERMS AND TERMINATION

This Agreement shall remain in effect until terminated by you or SQD.

SQD may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from SQD, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

SEVERABILITY

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

AMENDMENTS TO THIS AGREEMENT

SQD reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

CONTACT INFORMATION

If you have any questions about this Agreement, please contact us at hello(at)sqdapp.com

End User License Agreement


Terms of Service

SQD, LLC (SQD) owns and operates the website http://www.SQDapp.com (the Site). SQD also develops, operates and distributes certain software applications (Apps), which include hosted applications and applications for mobile devices. The Site and the Apps, together with all content, forums, information sharing functions (including the ability to post User- generated content, User Content), tools, transactions and other services available at the Site or by using the Apps, are collectively referred to as the Service.

The following SQD Policy explains the terms and conditions pursuant to which Clients may incentivize their exercise programs by establishing separate contracts (SQD Teams) with SQD. Capitalized terms used herein without definition will have the same meanings as defined in the Terms of Service applicable to the Site, Apps, SQD Teams and Service, which are available at http://www.SQDapp.com/legal.

1. SQD TEAMS

Promise. Client promises that he or she will fulfill his or her SQD Team contract, as more fully specified on the profile page summarizing the SQD Team commitments (My Account Page), which is displayed at the App when Client accepts the SQD Team contract. The data used to generate the My Account Page will be uniquely identified and retained by SQD so that the My Account Page can be automatically generated in the future. SQD Teams are specified on a weekly basis (Monday through Sunday) and renew automatically, week to week, except as otherwise provided in this SQD Team Policy or the Terms of Service. Clients may opt-out of their SQD Team commitments for the following week at any time prior to midnight (local time zone) Sunday of the prior week. If a Client makes any modifications to his or her SQD Team contract, those modifications apply only to the SQD Team and will not affect any other SQD Teams the Client might have.

Risk of Failure. Client acknowledges that there exist circumstances within or beyond Client's control that may prevent Client from achieving the SQD Team commitments (a Failure). Client and SQD agree that it is a basic agreement of the parties in making the SQD Team contract that Client will bear the risk of any Failure. Because Client is solely responsible for the identification and description of the SQD Team as specified in the My Profile Page, CLIENT BEARS ALL RISK ASSOCIATED WITH SUCH SQD TEAM, including, but not limited to, Client's efforts to satisfy the SQD Team commitments and Client's ultimate

success or Failure in achieving the SQD Team commitments. In addition, Client understands that Client 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 SQD Team or Client's efforts in connection with the SQD Team commitments.

2. NO MINORS

Users under the age of 18 years old are prohibited from creating SQD Team contracts and CLIENT REPRESENTS AND WARRANTS THAT CLIENT IS NOT UNDER THE AGE OF 18 YEARS OLD.

3. SQD SERVICE FEES

Service Fees. Client understands that they have elected an amount of money (“Hurt Money” Fees) that the Client is obligated to pay in each weekly reporting period in the event of Failure and such Service Fees are governed by this section. Client acknowledges and agrees that Client is not entitled to any interest on any Service Fees paid to or held by SQD pursuant to this SQD Team Policy. Client represents that the total of all Service Fees for all SQD Teams authorized by Client, in the aggregate, is less than 10% of Client's weekly income.

Payment and Billing. Client agrees to provide SQD (and/or its payment processor) with certain information as may be necessary to validate his or her Authorized Payment Method (such as, for example, Client's full name, address, telephone number, and credit card or validated PayPal account information). Client agrees to update such information so that it is always accurate, complete and current. SQD will use commercially reasonable efforts to maintain such information in secure, encrypted form and in accordance with any applicable laws and with SQD’s Privacy Policy (which is available at http://www.SQDapp.com/legal/).

Client shall pay all Service Fees incurred as a result of any Failure to fulfill his or her SQD Team commitments, including any applicable taxes. If payment cannot be charged to Client's Authorized Payment Method, or if any Service Fees are charged back to SQD for any reason without SQD’s consent, then SQD reserves the right to immediately and without notice, either suspend or terminate Client's access and account, in which case all of SQD's obligations under the SQD Team contract and this SQD Team Policy shall terminate immediately. Client will remain obligated to pay any amounts still owed to SQD at the time Client's account is suspended or terminated.

If Prepayment is not selected because that option is either not offered by SQD or not selected by Client, then Client hereby authorizes SQD to charge Client's Authorized Payment Method only upon Failure; such charge shall equal the Service Fees for that weekly reporting period. Client understands that such a charge could occur in each and every weekly reporting period during the term of the SQD Team contract. Client agrees that Service Fees are the sole and exclusive property of SQD and that SQD does not hold Service Fees in any escrow, trust or other fiduciary capacity for the benefit of Client.

4. TERM AND TERMINATION

Term. Each SQD Team contract shall terminate upon completion of the SQD Team duration commitments. Until the end of that time period, the SQD Team renews automatically, week to week, except as otherwise provided herein or in the Terms of Service.

Cancellation. Client agrees that his or her SQD Team may not be cancelled except as set forth in this section. Please note that your SQD Team will not be cancelled simply by deleting the App from your mobile device.

The SQD Team may be suspended or cancelled by Client if and only if (i) Client edits the My Account Page to “Get Benched” for a defined or undefined period of time, or (ii) Client completes the “Delete Account” process.

Client also agrees that SQD, upon notice to Client, may terminate any SQD Team contract that SQD, in its sole discretion, deems to be inappropriate, unhealthful, illegal, against public policy, or based on false or misleading information provided by Client.

SQD Teams shall also be terminated upon any termination of the Client account as permitted pursuant to the Terms of Service.

Refund Policy. SQD does not refund Service Fees for SQD Team Failures except when both of the following conditions exist: (1) Client suspends or cancels the SQD Team pursuant to preceding section, and (2) after suspension or cancellation of the SQD Team becomes effective, Service Fees are charged to Client's Authorized Payment Method as a result of Client’s Failure to complete his or her SQD Team commitments. To obtain a refund, Client must provide Client's correct e-mail address and mailing address to SQD (hello@sqdapp.com). SQD will not be liable for any claims that a refund has been delayed if such delay was a result of an incorrect email address or mailing address provided by Client to SQD. SQD reserves the right to modify this Refund Policy at its discretion (according to

the change process described in the Terms of Service), but may suspend or cancel the refund right at any time against any Client that SQD believes is abusing this policy.

5. CONTACT

If you have any questions or need to communicate with us regarding your SQD Team or this SQD Team Policy, please contact SQD using our members-only contact form at http://www.SQDapp.com/help/ or contact us at:

SQD, LLC
Attn: SQD Customer Service
28 Appleton Street, Apt. #1 Boston, MA 02116 USA