ThinkUp Terms of Use and Conditions

 

Privacy Policy:

This Privacy Policy is meant to provide you with the information regarding how we, at Precise Wellness LLC (”ThinkUp”), collect personal data relating to you, where do we collect it from, how do we process it, who do we share it with, how do we secure it, and how can you enforce your legal rights for cease of processing, amendment, deletion and ratification.

This Privacy Policy is not meant to be confusing. We made our best to make it human-readable and to ensure that this information is brought to you in a manner which allows you to consider whether you consent to our use of this personal data, or whether you wish for us not to provide you with the services.

Note that you are under no legal obligation to provide us with any personal data, and that your consent is the sole basis for our use of it.

How Do We Collect Personal Data?

We collect personal data in the following methods: First, we collect personal data when you register to our services or order our products. We do so by taking the personal data you filled out in our forms, as well as your use of the websites and applications. Then, we collect personal information when we interact with you: when you contact us through our support systems, when you send us emails or when you contact us via phone.  

What Personal Data Do We Collect?

We collect mainly information that relates to your use of our services, which includes: (i) demographics, your first and last name, your email address, your gender, age, and approximate location (where the device was bought); (ii) information on why you bought our application; (iii) information relating to your use of the device, which includes the number of hour you sit each day, the pain levels you experience, your postures and progress.

We also collect the contents of all correspondence between ourselves and our clients.

How Do We Process Personal Data?

We use your personal data in order to allow you to save your data and affirmations. All the recording are located on the users’ device only with no backup from our side . This includes, ...

We also keep your contact information, both to provide you with access to our application, to contact you with notifications about your device, use of the software and new features, as well as to let you know if we believe you need help our help in practice.

We process your personal data also in order to create statistic, non-personally identifiable, data which is used to assist us in better understanding of features.

We also process your personal data to understand your ...

Who Has Access To Your Personal Data?

We do our best to ensure that your personal data remains secure. We provide our employees with limited, monitored, access, only on a need-to-know basis. We also use some contractors that are engaged by our company to provide us with services. Both our employees and contractors are under strict confidentiality agreements.

We also use a few, limited, third parties to process your information. These third parties are:

– Intercom, which is our user-engagement system, and provides us with insights about how people use our services.

– Firebase by Google, which is an analytics system that helps us to understand how people use our mobile apps.

– Apple Health, which is used if you use an iOS device, and helps you to track your practice time and day.

App Annie- we use this service to track our apps and website performance

Google Analytics - we use this service to track our apps and website  performance

Flurry by Yahoo -  is an analytics system that helps us to understand how people use our mobile apps.

Facebook events by Facebook - helps us to understand how people use our mobile apps.

Facebook login system allows us to help you access your data easily using Facebook authentication system

– MailChimp, which is our email marketing service, and helps us to update you periodically about our services.

– Facebook Ads, Apple Search Ads, Google Ads, Instagram Ads, Twitter Ads, which are our marketing tools that allow us to contact you via alternative channels.

 

We also use applications to connect our databases, which include Firebase and MongoDB

  • In case you purchased our merchandize products, your data will be processed and stored using the Stripe platform
  • Apple Pay - our premium users data is processed and stored by Apple. We use this data to verify if users are subscribed and are eligible for premium services  

How Do We Secure Personal Information?

We secure personal information by storing it in industry-grade servers, when information may be encrypted to prevent abuse and misuse. We completely rely on the industry top-tier cloud services, such as Google (for Firebase), Stripe and Apple to secure your information . We hire the most professional teams to make sure the cloud services are implemented and integrated flawlessly for our users. We make sure that all access to our servers is logged, and in some cases use two-factor-authentication.

How Can We Contact You?

We use your contact information to contact you from time to time with promotional offers, updates relating to our services, new features or information relating to a security breach, if it happens. We also may send you push notifications or text messages to update you with information relating to your specific use of the applications.

You can opt out from all notifications or any notifications using our services.

How Can You Review, Amend or Delete Your Personal Data?

We can provide you with a copy of your personal data if you contact us by sending an email to info@thinkup.me; after you do so, we will verify that this request is genuine, and send your personal data. If you find any of the personal data to be inaccurate, please let us know and we will amend it.

You can also request, post-review, that we remove personal data. In such case, we will retain the minimum amount that we are required by law, but will remove all excess data.

Can You Request That We Cease Processing?

Yes. You can contact us at info@thinkup.me and request that we cease processing your personal data.

Children and Minors.

ThinkUp is meant for adults. We do not provide our services for children or minors. If you are over 14 and under 18, you need to provide us with parental permission to process and retain the information, and specifically let us know.

Cookies.

Our website uses first party and third party cookies. A cookie is a small file placed on your browser’s environment which allows us to identify you as a unique user. It does not contain any personal information, nor can it be used to by anyone but ourselves and our third party service providers (who provide third party cookies).

You may opt out from storing cookies on your device altogether, or specifically from our website in your browser’s settings. However, this may impair your use of our services.

Can We Amend This Privacy Policy?

Yes. We may amend this privacy policy from time to time. We will keep you updated when we do so. Please note that updates and changes will be logged in our changelog hereunder. No update shall have any retroactive effect.

What Happens In Case of Merger?

If our company is acquired, merged, or otherwise transfers its business into a new entity, we might be required to merge databases as well. In such case, we will provide you with a 14-day notice to either delete your information or request that we cease processing. If no response arrives, we may merge databases in such case.

 

 

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the ThinkUp mobile application (the “Service”) operated by Precise Wellness LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

 

Communications

 

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

 

Subscriptions

 

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or

Precise Wellness LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Precise Wellness LLC customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Precise Wellness LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Precise Wellness LLC to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Precise Wellness LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

Use of ThinkUp by minors

 

You must be 18 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 18, 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.

 

Free Trial

 

Precise Wellness LLC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Precise Wellness LLC until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Precise Wellness LLC reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

 

Fee Changes

 

Precise Wellness LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Precise Wellness LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

 

Refunds

 

Certain refund requests for Subscriptions may be considered by Precise Wellness LLC on a case-by-case basis and granted in the sole discretion of Precise Wellness LLC.

 

Content

 

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Precise Wellness LLC has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Precise Wellness LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without the express advance written permission from us.

 

Accounts

 

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a user name any name that is offensive, vulgar or obscene.

 

Copyright Policy

 

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@precisewellness.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad faith claims on the infringement of any Content found on and/or through the Service on your copyright.

 

DMCA Notice and Procedure for Copyright Infringement Claims

 

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

identification of the URL or other specific location on the Service where the material that you claim is infringing is located; your address, telephone number, and email address;

a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at info@precisewellness.com

 

Intellectual Property

 

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Precise Wellness LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Precise Wellness LLC.

 

Links To Other WebSites

 

Our Service may contain links to third-party websites or services that are not owned or controlled by Precise Wellness LLC

Precise Wellness LLC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Precise Wellness LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

 

Marketing and Evaluation

 

If you receive an explicit request or approval from Precise Wellness LLC to undertake marketing or

referral or evaluation actions or you will enter an agreement with Precise Wellness LLC to perform

certain marketing or expert activities, then the following applies:

  1. Precise Wellness LLC may feature you and/or your products at their discretion for content and period of time, depending on company needs and demand from ThinkUp users and community
  2. You will not be entitled to any compensation or any right for Precise Wellness LLC goodwill
  3. You may terminate featuring of your material in the ThinkUp app at your convenience. Your content will be removed from ThinkUp app within 2 weeks upon written termination notice from you. You will cease featuring ThinkUp content upon termination

 

Termination

 

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Indemnification

 

You agree to defend, indemnify and hold harmless Precise Wellness LLC and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person

using your account and password; b) a breach of these Terms or c) Content posted on the Service.

 

Limitation Of Liability

 

In no event shall Precise Wellness LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

 

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Precise Wellness LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.

 

Acknowledgment of Understanding

 

I have read this waiver of liability, the assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my approval to be a complete and unconditional release of all liability to the greatest extent allowed by law.

 

Deal with mental health issues

 

The mental health category and other categories are designed to assist participating individuals in reaching their stated goals in a mental health issue. The ThinkUp app and Precise Wellness LLC provide participants with information that will enable them to learn and develop skills in areas such as self-confident, self-love, and forgiveness. ThinkUp app and Precise Wellness LLC IS NOT MEDICAL CARE OR THERAPY: The Program specifically does not offer medical care or psychological counseling or any other form of mental health services.

 

Exclusions

 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Governing Law

 

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a 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.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

Contact Us

 

For more info please contact us at info@precisewellness.com

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