This end-user license agreement (“EULA”) is a legal agreement between you (“End-user” or “you”) and Mira Fitness, LLC, (“Licensor”, “us” or “we”) for the use of: the Mira Fitness website at mymirafit.com (“Website”) and Mira Fitness software (“Software”); and online or electronic documents, including but not limited to instruction manuals (“Documents”).
We license use of the Software and Documents to you on the basis of this EULA and subject to any rules or policies applied by any application store provider, such as but not limited to the Apple iTunes Store or Google Play Store, or by incorporated third party software providers such as but not limited to Atomic Object LLC (“Third Party Rules”). We do not sell the Software or Documents to you. We remain the owners of the Software and Documents at all times.
By clicking the "Accept" button below YOU AGREE that we may collect and process the following data, including HEALTH RELATED DATA, for the purpose set out below. If you do NOT AGREE to the terms of this EULA, we will not license the Software and Documents to you and you cannot register as an End-user and you should stop the downloading process now by clicking on the "Cancel" button below. In this case the downloading process will terminate.
1.1 The terms of this EULA apply to the Software, the Documents and any of the services accessible through the Software (“Services”), including any updates or supplements to the Software, Documents or any of the Services, unless they come with separate terms, in which case those terms apply.
1.2 We may change these terms at any time by notifying you of a change when you next start or use the Software. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services. If you cannot accept any new terms you will not be able to use the Services any longer.
1.3 From time to time updates to the Software may be issued through the application store provider or the website. (“Website”). Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the Software and accepted any new terms. However, even if the information, Software or Services are outdated, we are under no obligation to update the Software or Services.
1.4 Before registering and or downloading the Software, you are requested to create your personal Mira Fitness user account existing of a user name and password as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any personal user account and delete the data which you uploaded to the Software if in our opinion you have failed to comply with any of the provisions of these EULA.
1.6 YOU UNDERSTAND THAT THE SOFTWARE, SERVICES AND DOCUMENTS ARE PROVIDED ‘AS IS’ AND NOT INTENDED TO AMOUNT TO ANY ADVICE, INCLUDING BUT NOT LIMITED TO MEDICAL ADVICE, OR FOR DIAGNOSTIC PURPOSES ON WHICH RELIANCE SHOULD BE PLACED. WE ARE NOT A MEDICAL CARE PROVIDER AND DO NOT PROVIDE MEDICAL ADVICE. THE SOFTWARE, SERVICES AND DOCUMENTS ARE NOT INTENDED TO BE RELIED UPON IN LIEU OF MEDICAL TREATMENT OR ADVICE BY A TRAINED MEDICAL CARE PROVIDER. ALWAYS CONSULT YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS REGARDING ANY MEDICAL CONDITION, OR FOR SPECIFIC GUIDANCE REGARDING NUTRITION OR PHYSICAL ACTIVITY.
1.7 The Software or any Services may contain links to other independent third party websites (“Third Party Sites”). Third party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third Party Sites, including the purchase and use of any products or services accessible through them.
You acknowledge and agree that Licensor is not responsible for and does not endorse any advertising, products, or information available from such third parties. Licensor reserves the right to remove any third-party link at any time if it is deemed inappropriate, even if approval for the link was previously given.
1.8 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
(a) download a copy of the Software onto your Devices and to view, use and display the Software and Services on the Devices for your personal use only; and (b) use the Documents for your personal use only.
(a) not to copy the Software or Documents except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documents;
(c) not to make alterations to, or modifications of, the whole or any part of the Software or Documents, or permit the Software or Documents or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such thing except to the extent that such actions cannot be prohibited under local law, if applicable, provided that the information obtained by you during such activities:
(i) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(ii) is not used to create any software that is substantially similar to the Software;
(e) to keep all copies of the Software and Documents secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software or Documents;
(f) not to provide or otherwise make available the Software in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(g) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Software, Documents or any of the Services (“Technology”).
Except for the limited privileges granted herein, or otherwise permitted by applicable law, no part of the Website, Software or Documents may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without express prior written consent by Licensor.
(a) not use the Software, Documents or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Software, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the Software, Documents or any Service (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software, Documents or any Service;
(d) not use the Software, Documents or any Service in a way that could interfere with other users or damage, disable, overburden, impair or compromise our systems or security or those of any third party in relation with the Software, Documents or Service; and
(e) not attempt to decipher any transmissions to or from the servers running the Software or any Service.
5.1 You acknowledge that all intellectual property rights in the Software, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software, the Documents, the Services or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the Software in source-code form.
5.3 Any data, comments or materials you have sent through the Software or sent to us via the support contact details asset out in section 6, including feedback data, such as questions, comments, suggestions, or the like (“Feedback”), shall be deemed to be non-confidential and non-proprietary. We shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation, except for personal data which might be included in the Feedback and which will only be used to contact you on any questions you might have or to resolve any issues you might experience in using the Software. Furthermore, we shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. You are prohibited from posting or transmitting to or from the Software any Feedback:
6.1 You acknowledge that the Software, Services and Documents have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software and Services meet your requirements.
6.2 We only supply the Software, Documents and Services for personal use. You agree not to use the Software, Documents and Services for any commercial, business or resale purposes.
6.3 Use of and access to the Software and Services is permitted on a temporary basis, and we reserve the right to withdraw or amend Software and the Services without notice. From time to time, we may restrict access to some parts of the Software or Services, the entire Software, or to users who have registered with us. We will not be liable if for any reason the Software or any of the Services is unavailable at any time or for any period.
6.4 THE SOFTWARE, SERVICES AND DOCUMENTS ARE PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. FURTHERMORE, TO THE EXTENT PERMITTED BY LAW, WE, OTHER MEMBERS OF OUR GROUP OF COMPANIES AND THIRD PARTIES CONNECTEED TO US HEREBY EXPRESSLY EXCLUDE:
(a) ALL GUARANTEES, CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED; b.) ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THE SOFTWARE, DOCUMENTS OR SERVICES OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE SOFTWARE, DOCUMENTS OR SERVICES AND ANY MATERIALS POSTED ON IT, INCLUDING BUT NOT LIMITED TO:
(i) LOSS OF INCOME OR REVENUE;
(ii) LOSS OF BUSINESS;
(iii) BUSINESS INTERRUPTION;
(iv) LOSS OF BUSINESS OPPORTUNITY;
(v) LOSS OF PROFIT OR CONTRACTS;
(vi) LOSS OF ANTICIPATED SAVINGS;
(vii) LOSS OF DATA;
(viii) LOSS OF GOODWILL;
(ix) WASTED MANAGEMENT OR OFFICE TIME;
WHETHER CAUSED BY BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THIS DOES NOT AFFECT OUR LIABILITY IN CASE OF HARM TO YOUR LIFE, BODY AND/OR HEALTH AND OUR LIABILITY IN CASE OF WILLFUL GROSS NEGLIGENCE.
6.5 OUR MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS EULA (INCLUDING ANY USE OF ANY OF THE SERVICES) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO $10,000.
6.6 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LICENSOR HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEY FEES AND EXPENSES, RELATED TO YOUR VIOLATION OF THESE EULA OR YOUR USE OF THE SOFTWARE, DOCUMENTS OR SERVICES OR FOR ANY CLAIMS MADE AGAINST LICENSOR BY ANY THIRD PARTY ARISING FROM YOUR USE OF THE WEBSITE. YOU AGREE YOUR INDEMNIFICATION OF LICENSOR INURES TO THE BENEFIT OF THE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS OF LICENSOR, AND ITS SUCCESSORS IN INTEREST.
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
(b) if you breach any of the License Restrictions or the Acceptable Use Restrictions; and
(c) if we decide in our sole discretion to no longer support the Software and/or Services and close the Software indefinitely.
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorized by this EULA, including your use of any Services; and
(c) you must immediately delete or remove the Software from all Devices, and immediately destroy all copies of the Software and Documents then in your possession, custody or control and certify to us that you have done so;
(d) and thereafter, you remain bound by the sections that by their nature or intended character can survive expiration or termination of this EULA, such as, but not limited to section 1, 5, 6, 10 and this section.
(e) we will delete your user account and any data which you uploaded to the Software.
8.1 If you have any concerns about the Software, the Services or Documents, if you have any questions, comments and requests regarding this EULA or if any condition in this EULA requires you to give us notice in writing, then please contact us: mymirafit.com/Home/ContactUs or through regular mail to: Mira Fitness, LLC, 1925 W. Field Court Lake Forest, IL 60045. We will confirm receipt of this by contacting you in writing, normally by e-mail.
8.2 If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provided to us when creating your personal user account necessary for the use of the Software.
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).
(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavors to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
10.1 We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.
10.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
10.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11.1 Please note that this EULA, its subject matter and its formation, are governed by the laws of the State of Illinois. All controversies and disputes arising from our related to this EULA or the website or Software shall be submitted to and resolved at the state and federal courts for Cook County, Illinois. You and we both agree that the courts of the United States of America will have exclusive jurisdiction.
This agreement will be entered into on the date you register for the product.
We collect personal information that you choose to provide voluntarily when using the Website or any Mira Fitness web or mobile app (“App” or “Software”). We may ask for personal information such as name, email address, mailing address, and phone number when you contact our customer service and/or register a product. We may collect personal information such as name, email address, and HEALTH RELATED DATA as defined below, when you use one of our Apps. “Personal information” means any information pertaining to an identifiable individual.
Mira Fitness does not intentionally collect personal information about children under the age of 13. If you are under 13 and would like to use our Website or Apps, please ask a parent or guardian for assistance.
When you visit our Website, you will be assigned a unique, temporary “cookie” (a small text file) to be stored on your computer’s hard drive. The purpose of the cookie is to identify you when you visit our site so we can enhance your experience. The cookie does not reveal any personal information about you, but helps us understand visitors’ traffic patterns on our site so we can make the site better.
You can choose to visit our Website without cookies, but without these identifier files you will not be able to take advantage of certain features and services of our site. These features and services include remembering your password (so you don’t have to login each time you visit) and providing a more personalized experience. To visit without cookies, you can configure your browser to reject all cookies or to notify you when a cookie is set. (Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.)
We also collect certain technical information from your computer each time you request a page during a visit to our Website. This data is non-personally identifiable data and may include your Internet Protocol (IP) address, your computer’s operating system, browser type, the pages you visit on our Website, search terms, IP-based geographic location, and the address of a referring website, if any. We collect this information to enhance the quality of your experience to our site.
Our Apps use authentication software tokens to distinguish you from other users of the Software. By using the software token stored on your Device we can recognize you at your use of the Software.
Some websites may belong to ad networks that use your browsing history across the Internet, to choose which ads to display on their sites; the displayed ads may include advertising for Mira Fitness. We allow select third-party companies to collect certain information when you visit our Website and to use that information to serve ads for Mira Fitness. These companies use non-personally identifiable information such as click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session ID, and IP address, during your visits to this and other websites in order to provide interest-based advertisements. To learn more, and to opt out of seeing interest-based advertisements on these external websites, visit the Network Advertising Initiative or the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. Websites may also offer their own opt out methods for interest based advertising.
Our Website utilizes Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google collects cookie and usage data, and utilizes the data to track and examine the use of our site, and to prepare reports on its activities and share them with other Goggle services. Google may use the data collected to contextualize and personalize the ads of its own advertising network, DoubleClick. Our Website implemented the Remarketing with Google Analytics feature, which utilizes the DoubleClick cookie. To learn more, and to opt out of Google Analytics, visit the Google Analytics Privacy Page.
Our Website utilizes AddThis, a service provided by Clearspring Technologies, Inc. (“AddThis”). AddThis displays a widget that allows interaction with social networks and external platforms as well as sharing the contents of the Website. AddThis collects cookie and usage data. To learn more, and to opt out of AddThis, visit the AddThis Privacy Page.
Our Website utilizes ExactTarget, an email address management and message sending service provided by Salesforce.com, Inc. (“ExactTarget”). ExactTarget collects email addresses to communicate via email, collects data concerning date and time when the email is viewed, as well as any interactions with the mail such as clicking on links within. To learn more, visit the ExactTarget Privacy Page. You may opt out of Mira Fitness email communications at any time by contacting us here.
Our Website utilizes the Mira Fitness mobile app, a software application controlled by Mira Fitness, LLC and processed by Atomic Object LLC. Mira Fitness collects the information provided by filling in forms when you register for the Software and services accessible through the Software such as name, email address, user name, password, date of birth; information, including but not limited to HEALTH RELATED DATA, that you upload by connecting a Mira Fitness device to the Mira Fitness mobile app and/or that you provide by manually filling in forms or other spaces dedicated for such information, such as your age, gender, height, body weight, exercise preference, hours of exercise per week, the total number of aerobic steps and other steps taken, aerobic walking time, calories burned, fat burned, the time and date of measurement and the targets you set related to this data; as well as any interaction with the Software such as usage of the App and the resources you access. Details about your browser language settings, IP address, Device model and operation system, if available. This information will not be stored in connection with the personal user data you provided. Mira Fitness may use the data collected to populate the Software; enhance the quality of your experience on the App; and examine the use of our App to provide certain analytical services. To learn more, visit the EULA. If you do not agree to the terms of the EULA, Mira Fitness, LLC will not license the Software and documents to you and you cannot register as an End-user and you should either stop the downloading process or remove the App from your device.
We will use your email address to respond to your questions, suggestions and/or requests for assistance in using our Website or App.
From time to time, we may conduct surveys and contests via our Website or App, email and other media. If you choose to participate, we may request your name, email address, mailing address and other personal information.
We may keep non-personally identifiable information that we collect for an unlimited period of time. Any personal information collected but not stored or maintained in the regular course of business will be securely destroyed. All information will be stored on secure data servers in the United States of America. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your data, we cannot guarantee the security of your data transmitted; 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.
On rare occasions, we may disclose personal information upon government request, in response to a court order, when permitted or required by law, to enforce our Website and App policies, or to protect our or others’ rights, property, or safety.
Aside from the purposes described above, we will never share your personal information with any other third parties unless we have your express permission or under special circumstances, such as when we believe in good faith that the disclosure is required by law. We may share aggregated demographic and statistical information with our partners. This is not linked to any personal information that can identify any individual person.
The security of your personal information is very important to us.
In our efforts to protect your online transactions, we use a technology called Secure Sockets Layer (SSL). If your browser is capable of SSL (and most are), your personal information will be automatically encrypted, or encoded, before it is sent over the Internet.
Mira has also obtained a digital certificate from GeoTrust, Inc., a leading provider of Internet trust services. When you enter a secure portion of our site, which is any page containing any of your personal information, an image of a closed lock or a solid key should appear in the bottom bar of your browser window. If you click on this image, a small pop-up window displaying site-security information will appear. This certificate guarantees that your personal information is being transmitted in secure (encrypted) form to an authorized web server, not to some unknown or unauthorized server.
We will notify you as promptly as possible of any privacy breach after discovering or receiving notification of the breach, if we reasonably believe the information has been acquired by an unauthorized person or is subject to an unauthorized use. Access to our databases is restricted to authorized personnel and is password protected.
If you choose to receive periodic communications from us, Mira Fitness may, from time to time, send you email messages describing new items, featured merchandise and special offers. You can choose to stop receiving this email at any time by contacting us here.
The only email messages you will receive from Mira Fitness when you elect not to receive informational emails will be to respond to your customer service inquiries and to answer any other questions you may have about us. We may also need to send operational emails to inform you of any changes that might affect your personal information, or to announce product recalls.
We believe that you have a right to know exactly what information we might collect from you, why we collect it and how we use it.
You have the right to control your personal information as you see fit. We collect only the personal information you allow us to collect, and use it to help us serve you better.
To review and request changes to any of the personal information Mira Fitness has collected on you, or to ask any questions about our handling of your personal information, please contact Mira Fitness, LLC , Attention: Mira Fitness Consumer Services, 1925 N. Field Court, Suite 100, Lake Forest, IL, 60045.