Terms of Service
Updated as of: February 8, 2020
This Service Agreement is between Plantiga Technologies Inc. (“Plantiga”) and you (“you” or “your”) and is entered into as of the date you click “I Agree” or similar confirmation when presented with this agreement on the Plantiga website plantiga.com or plantiga.io (the “Effective Date”).
BY CLICKING “Sign up for Plantiga” OR SIMILAR CONFIRMATION OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THIS SERVICE AGREEMENT.
IF YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION TO THE TERMS OF THIS SERVICE AGREEMENT AND ARE AGREEING TO THE TERMS OF THIS AGREEMENT FOR THAT ORGANIZATION. WHERE YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION, “YOU” REFERS TO THE ORGANIZATION.
1 Service, Subscription, Term and Termination
1.1 Service Description. This Service Agreement applies to Plantiga’s provision of the Plantiga platform, which is comprised of the software application and footwear insert (collectively, the “Service”).
1.2 Service Subscription. If you have purchased access to the Service from Plantiga, Plantiga grants you a non-exclusive, non-sublicensable, non-transferable, revocable, limited subscription to use the Service during the Term (collectively, the “Subscription”). You hereby acknowledge that no title or ownership interest in the Service is transferred or assigned to you and that the Service Agreement is not a sale of any right to the Service.
1.3 Free Subscription. Plantiga sometimes offers various trials or other promotional others (“Trial Offer”), which are also subject to the terms of this agreement. If you have accessed the services through a Trial Offer, Plantiga grants you a non-exclusive, non-sublicensable, non-transferable, revocable, limited subscription to use the Service during the time period described in the Trial Offer and we reserve the right, at any time, in our sole discretion, to determine your eligibility for such Trial Offer and the terms of such Trial Offer subscription (collectively, the “Trial Subscription”). Plantiga may alter the terms of the Trial Subscription, or cancel the Trial Subscription without notice, at any time, for any reason and for no reason, in its sole discretion.
1.4 Subscription Fee and Term. You shall pay Plantiga the Subscription fee and any additional fees or charges, as set forth in the applicable Order Form. The Subscription granted to you in the Service Agreement commences on the date, and for the period outlined in, the Order Form (the “Term”).
1.5 Termination. Plantiga may terminate this agreement at any time, without notice or warning to you.
2 Use of the Service
2.1 Account. Use of the Service may require you to register a user account with Plantiga directly (each, an “Account”). Registering an Account requires you to select a user name and password (“Login Information”). You are solely responsible for keeping your Login Information confidential. If you become aware, or reasonably suspect, unauthorized use of your Account, you must immediately change the password that is part of your Login Information. Any questions concerning unauthorized use of your Account may be emailed to Plantiga at email@example.com
2.2 Personal Information. Using the Service requires that you provide Plantiga with personal and anonymous information about it and users of the Plantiga platform. You agree to provide accurate and complete personal information to Plantiga and to update your information if it changes.
2.3 Biometric Data. An essential element to the Service is the collection of biometric activity data from users, which includes but is not limited to the 3D motion path of each of the user’s feet and each user’s body statistics, such as injury history, height and weight as well as all data related to the collection of biometric data, such as time-stamps and internal metrics, generated by your use of the Service (“Biometric Data”). You have exclusive rights and ownership to their collected Biometric Data. You hereby grant Plantiga an exclusive, royalty free, perpetual, assignable, license to anonymized Biometric Data for internal purposes and for providing the Service to you. You are solely responsible for obtaining all user authorizations necessary, and to comply with all applicable laws and regulations in the jurisdictions in which you are using the Service, for Plantiga to collect, use and disclose Biometric Data as described in this Service Agreement including: (i) any requirement to obtain the appropriate consent of users or provide a legally lawful basis prior to collecting their personal information and sharing it with Plantiga; (ii) ensuring users respond accurately to questions necessary for the operation of the Service and collection of Biometric Data.
2.4 Biometric Data upon Termination. Unless agreed to by the parties, upon termination Plantiga shall delete all personally identifiable Biometric Data held by Plantiga concerning you and other users. Please note that deletion of all personally identifiable Biometric Data will require you to rebuild all data should you decide to restart use of the Service in the future.
3 OWNERSHIP RIGHTS
All right, title and interest in and to your Account and the Service including but not limited to copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), custom software and algorithms developed for or with your assistance are owned by Plantiga. Plantiga reserves all rights in the Service. For clarity, Plantiga retains ownership of all Plantiga hardware provided to you, which must be returned upon termination of this Service Agreement.
You shall pay all goods and service taxes applicable to amounts you pay to Plantiga under this Service Agreement. If Plantiga is obligated to pay any taxes, fees or levies on your behalf, you shall reimburse Plantiga in full promptly following receipt of Plantiga’s invoice for such payment.
5 DISCLAIMER AND LIMITATION OF LIABILITY
5.1 DISCLAIMER. THE SERVICE IS PROVIDED “AS IS” AND PLANTIGA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING DISCLAIMER, YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.
5.2 LIMITATION OF LIABILITY. PLANTIGA, INCLUDING BUT NOT LIMITED TO ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND ASSIGNS, SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE RELATING TO THE SERVICE INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD PLANTIGA FROM LIABILITY, PLANTIGA’S MAXIMUM AGGREGATE LIABILITY IN ANY CASE WILL BE THE GREATER OF EITHER THE TOTAL AMOUNT PAID BY YOU TO PLANTIGA UNDER THIS SERVICE AGREEMENT OR $100.
5.3 INDEMNITY. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD PLANTIGA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND PARTNERS HARMLESS FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, COST, LOSS OR EXPENSE, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM CUSTOMER’S USE OF THE SERVICES OR ASSOCIATED THIRD PARTY SERVICES, INCLUDING FOR ANY VIOLATION OF PRIVACY LAWS APPLICABLE IN CUSTOMER’S JURISDICTION. CUSTOMER CANNOT SETTLE ANY CLAIM WITHOUT PLANTIGA’ ADVANCE WRITTEN CONSENT UNLESS SUCH CLAIM RELEASES PLANTIGA UNCONDITIONALLY. PLANTIGA RESERVES THE RIGHT TO, AT ITS EXPENSE, ASSUME CONTROL OF THE CLAIM.
6.1 Publicity. Unless you agree in writing to alternative terms with Plantiga, you permit Plantiga to refer to you as a customer of Plantiga and use your name and trademarks in advertising, publicity or otherwise for such limited purpose.
6.2 Severability. To the extent any section, clause, provision or sentence or part thereof of the Service Agreement is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed and the remainder of the Service Agreement given full force and effect.
6.3 No Waiver. Plantiga’s failure to assert or enforce any right contained in the Service Agreement shall not constitute a waiver of that right.
6.4 Survival. Sections 2.3, 2.4, 3, 5 and 6 survive termination of the Service Agreement.
6.5 Entire Agreement. The Service Agreement, including attached schedules, constitutes the entire agreement between you and Plantiga with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.
The parties execute this Service Agreement as of the Effective Date set forth above.
Effective Date: February 8, 2020
1. PERSONAL INFORMATION WE COLLECT
We collect your personal information in the following circumstances:
- to register for the Services, we collect the Application username provided to us, which may contain your first and/or last name or corresponding initials;
- we collect information that you upload about yourself and others, such as individuals on any team or group you represent, to the Application and that may include first and last name, age, height, weight, image (through photos or videos), audio and other information you choose to provide;
- we collect biometric activity data captured from users of each Device, such as the 3D motion path of each of a user’s feet, process such data into human readable data (“Biometric Data”), automatically upload Biometric Data to the Application and our cloud services and associate this information with the particular person from whom the data was captured;
- when you use the Website, we may collect IP address information as well as track your actions while using the Website;
- if you contact us for customer service, we collect any information you choose to provide to us such as your first and last name and email address; and
- when you sign-up for a Plantiga newsletter, we collect your email address.
2. ANONYMOUS INFORMATION WE COLLECT
We collect anonymous information from you, which may be provided to us by a third party, including but not limited to:
- anonymized Biometric Data, which may be combined with anonymous information about other users;
- metrics and other types of statistical data, which could be derived from your use of the Services, for example how you interact with the Services and anonymous information associated with your use, such as your IP address and unique device identifier; and
- diagnostic information concerning the Services, for example, logs, error reports and events and the type, number, date and page relating to this information.
3. HOW WE USE YOUR INFORMATION
We use your personal and anonymous information internally for purposes that include to:
- provide the Services to you, such as hosting and displaying information;
- develop, improve, such as improving the accuracy of algorithms that process Biometric Data, or expand the Services and address technical issues;
- generate and analyze information about our users so we can better understand them and how they use the Services and draw trends and predictions based on this information;
- to send Service-related push notifications to the device on which the Application is installed;
- to establish and maintain your account on the Services and to protect the security of your account;
- to provide customer support or to resolve customer issues;
- to inform you of changes to the Services, such as updates, outages, suspensions or other material changes, which could occur through email or a push notification sent to your device; and
- if you signed up for the Plantiga newsletter, to contact you by email for Plantiga news, promotional purposes or market research and that you may opt-out of by clicking an opt-out link located in the email.
4. INFORMATION DISCLOSURE
We disclose your information outside of Plantiga for the following purposes:
- with your consent, we may license anonymized information about users, alone or combined with the information of other users, to third parties on a commercial or non-commercial basis;
- for internal Plantiga purposes, we may disclose your personal and anonymous information to our parent companies, affiliates, subsidiaries and contractors;
- we disclose your information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, other suspected illegal activities or as otherwise may be required by applicable law or, as we deem necessary in our sole discretion, in order to protect the legitimate legal and business interests of Plantiga; and
5. THIRD PARTY SERVICES
A cookie is a file that is sent by a service through your browser to your computer or mobile device, if your browser is enabled to accept cookies, in order to store certain information locally and communicate with a service while you are online. Internet browsers will allow you to erase cookies from your hard drive, block acceptance of cookies or receive a warning before a cookie is stored. You should refer to your browser instructions or “Help” screen to learn more about how to manage cookies. Please note that, if you block cookies, some portions of the Services may not function properly.
7. CALIFORNIA DO NOT TRACK DISCLOSURE
Do Not Track (“DNT”) is a web or device setting that allows you to request that receivers of personal data stop their tracking activities. When you choose to turn on the DNT setting in your browser or service or use alternative consumer choice mechanisms, your browser or Device sends a special signal to websites, analytics companies, advertising networks, plug-in providers and other web services you encounter to stop tracking your activity. Currently, there are no DNT technology standards and, as a result, we do not respond to DNT requests.
8. CALIFORNIA “SHINE THE LIGHT” RIGHT
If you are a California resident, California Civil Code Section 1798.83 grants you the right to request Plantiga’s disclosure of the categories of personal information we provided to third parties, and the names and addresses of these third parties, for direct marketing purposes during the preceding calendar year. If you are a California resident and would to make this request, please contact us at firstname.lastname@example.org or:
Plantiga Technologies Inc.
Attn: Legal / Privacy Officer
611 Alexander St
Vancouver, BC V6A 1E1
Please note that you may only make this request once per year.
9. ACCESSING OR CHANGING INFORMATION YOU PROVIDED TO US
You may contact Plantiga to obtain a copy of any personal information we have collected about you, the production of which may be subject to a fee as permitted by applicable law. In addition, you may contact Plantiga to correct or delete such information, except to the extent that retention is necessary for our legitimate business purposes, required by applicable law, in the control of a third party or where correction or deletion is not technically feasible.
If you have any questions or would like to access or change your information via email, please contact us at email@example.com
10. INFORMATION STORAGE AND RETENTION
While Plantiga is a Canadian company, the data you provide through the Services is stored and processed by third parties in countries around the world. You authorize Plantiga and third parties acting on Plantiga’s behalf to use and process your data in any country of their choosing, which may cause your data, including personal and anonymous information, to be subject to privacy protections and legal rights that may not be equivalent to those in your country.
Your personal information is retained until you request its deletion pursuant to section 9 or until Plantiga no longer requires such information for the purpose for which it was collected (or as permitted or required by applicable law).
11. EUROPEAN USERS AND RIGHTS FOR EEA RESIDENTS
If the GDPR applies to you, you have certain rights in regards to your personal data. These rights include:
A Right of Access. You have the right to access your personal data that we hold free of charge in most circumstances.
A Right to Rectification. If your personal data is inaccurate or incomplete, you can change the information you provided by contacting Plantiga using the e-mail listed below.
A Right to Erasure. You have the right to obtain deletion of your personal data under most circumstances. In most cases, you may simply request the deletion by using the contact information found below. Please be careful as deletion of data in this manner is permanent and the data cannot be recovered.
A Right to Object. If the processing of your personal data is based on legitimate interests according to Article 6(1)(f) of the GDPR or if your personal data was collected based on your consent according to Article 6(1)(a) of the GDPR, you have the right to object to this processing. If you object, we will no longer process your personal data unless there are compelling and prevailing legitimate grounds for the processing as described in Article 21 of the GDPR, in particular, if the personal data is necessary for the establishment, exercise or defense of legal claims or if personal data is required for the provision of the Service and you still wish to use the Service.
A Right to file a Complaint. You have the right to file a complaint with the appropriate supervisory authority in your jurisdiction.
A Right to Restriction of Processing of your Personal Data. You have the right to obtain restrictions on the processing of your personal data as described in Article 18 of the GDPR.
A Right to Personal Data Portability. You have the right to receive your personal data in a structured, commonly used and machine-readable format and have the right to transmit such data to another controller under the conditions described in Article 20 of the GDPR.
A Right to Post-Mortem Control of Your Personal Data. Certain jurisdictions grant post-mortem controls of your personal data and if such rights are applicable in your jurisdiction, you may have the right to establish guidelines for the preservation, the deletion and the transmission of your personal data after your death through a will or through your estate.
A Right to Opt-out of Marketing Communications. You have the right to opt-out of marketing communications we send you at any time. If you receive any marketing e-mails from us, you can exercise your right to stop such communications by clicking on the “unsubscribe” or “opt-out” link on any marketing e-mails (such as our newsletter) Plantiga sends you. To opt-out of other forms of marketing, please contact us using the contact details provided below.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect. For example, Plantiga stores raw Biometric Data in an anonymous and encrypted state. However, Plantiga cannot guarantee that unauthorized access, hacking, data loss or other breaches will never occur.
13. AGE REQUIREMENTS
Plantiga does not collect personal information on individuals under the age of 13 or below the age of consent in your jurisdiction, whichever is higher (“Consenting Age”). Plantiga complies with the U.S. Children’s Online Privacy Protection Act and all other applicable laws and regulations concerning children and the Internet including those applicable in the EEA. If you are under Consenting Age, you may not create an account on or use the Services unless the appropriate consent gathering requirements in your jurisdiction are complied with prior to the collection of any personal information. Plantiga will not knowingly collect, maintain, or disclose any personal information from children under Consenting Age.
14. EMAIL AND PUSH NOTIFICATION PREFERENCES
We communicate with our users primarily by email. If you would like to change the email preferences we associate with you (for example, unsubscribing from receiving certain types of email) you may do so by clicking a link within emails that we send to you. If you would like to opt out of receiving push notifications from the Application, to the extent permitted, you may do so by changing the notification settings on your device.
15. CONTACT US
Plantiga Technologies Inc.
Attn: Legal / Privacy Officer
611 Alexander St
Vancouver, BC V6A 1E1