ASHConnect™ Mobile App License Agreement and Terms and Conditions

Effective as of 8/1/2019


   I.          INTRODUCTION

Please read this License Agreement and Terms and Conditions carefully before using the ASHConnect ™  Mobile App.

Thank you for using the ASHConnect mobile app (the “ Mobile App ”) provided by American Specialty Health Incorporated.  The Mobile App works with the ExerciseRewards®, Active&Fit®, and Silver&Fit® programs offered by American Specialty Health Fitness, Inc. (“ASH Fitness”).  The Mobile App also works with the HealthyRoads® program offered by American Specialty Health Management, Inc. (“ASH Management”).  ASH Fitness and ASH Management are subsidiaries of American Specialty Health Incorporated (collectively referred to herein as “ASH”).  The Mobile App was designed to track and report fitness facility visits and fitness activity in accordance with the Programs noted above, one or more of which you may participate in. The following license agreement and terms and conditions (these “ Terms and Conditions ”) govern your use of the Mobile App.  These Terms and Conditions are part of, and are subject to, the terms and conditions for the Program applicable to you (each, a  Program Terms and Conditions ), including all disclaimers and limits of liability in such terms. You can also find the Privacy Statement for each Program within the related Program Terms and Conditions.  These Terms and Conditions are a binding legal agreement, and by using the Mobile App, you agree to be bound by these Terms and Conditions and the applicable Program Terms and Conditions.

The Program Terms and Conditions are available via the links below:

·       Active&Fit:   www.activeandfit.com/termsandconditions

·       ExerciseRewards:   www.exerciserewards.com/termsandconditions

·       Silver&Fit:   https://www.silverandfit.com/Pages/Home/Terms

·       Healthyroads:   https://www.healthyroads.com/about/termsandconditions

For purposes of these Terms and Conditions, references to the “Web Site” in each Program Terms and Conditions shall include the Mobile App.

    II.         YOUR USE OF THE MOBILE APP

   1.         License

Upon and subject to your acceptance of these Terms and Conditions, ASH hereby grants you a non-exclusive, personal, non-transferable, non-sublicensable, limited, revocable license to install the Mobile App on one or more mobile devices that are owned by you or are under your control and use the Mobile App, subject to your compliance with these Terms and Conditions and solely in connection with your participation in a Program. You hereby acknowledge and agree that ASH has and will retain all right, title, interest and ownership in and to the Mobile App (and all modifications and derivative works thereof), including any trademarks, copyrights, patents and trade secrets and other intellectual property and proprietary rights with respect thereto or contained therein. ASH and its licensors reserve all rights and licenses not expressly granted to you herein. You will not sell, resell, transfer, copy, translate, publish, create derivative works of, make any commercial use of, modify, reverse engineer, decompile, or disassemble the Mobile App. ASH may revoke this license at any time.

2.         General

To use the Mobile App, you must register for an account with the ExerciseRewards, Active&Fit,  Silver&Fit or Healthyroads Program. By using the Mobile App, you agree to: (a) accurately furnish all contact and other information requested by ASH and notify ASH immediately of any change in the information; (b) not falsify nor attempt to falsify your information, including your location information or check-in or check-out times; (c) use the Mobile App for your own personal purposes only, and not for rent or for hire; (d) not use the Mobile App in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (e) not use the Mobile App in any manner unintended by ASH or the applicable Program; and (f) comply with any other reasonable requirements or restrictions requested or imposed by ASH or the applicable Program, including the Program Terms and Conditions.

3.        Data Usage

To provide you with the Mobile App’s services, the Mobile App uses your mobile data connection, so you must have an appropriate data plan from your mobile service carrier to use the Mobile App. Please consult your mobile service carrier’s pricing plan terms and policies to determine applicable data charges, allotments and limitations, restrictions such as permissible uses, and other terms and conditions of service. ASH is not responsible for any overage or other charges or actions that your mobile service carrier may take against you for using data or the network in violation of your mobile service carrier’s terms and policies. If you wish to avoid data charges from your mobile service carrier relating to the Mobile App, stop using and uninstall the Mobile App on your mobile device.

4.         Location-Based Services and Activity Tracking 

If you use the Mobile App, your geo-location information from your mobile device will be submitted to ASH. You understand and acknowledge that your environment and mobile device’s settings may limit the Mobile App’s ability to use location-based information and that this may affect the functionality of the Mobile App. You hereby consent to ASH using your location and other needed enabling information as described in the ASH Mobile App Privacy Statement.

If you sync your iPhone® (mobile digital device) Health app through the Mobile App, you allow us to receive your Apple Watch® (wrist wearable device) activity related information, such as steps taken in a day, distance or duration. When you use this feature, your activity information will be transmitted from your iPhone Health app through the Mobile App to a third-party data aggregator that we use to facilitate the Connected! feature of your Program. After receiving the information from our third-party data aggregator, we upload the information into your member profile/account on your Program Website. By syncing your iPhone Health app, you allow us to receive this information from your Apple watch.

5.         Prohibited Uses

In addition to the limitations set forth herein and in the applicable Program Terms and Conditions, you are prohibited from using the Mobile App in any way that:

  • violates or infringes the rights of anyone else, including, for example, another person’s right to privacy;
  • impersonates any person, business, entity, or IP address (e.g., IP spoofing);
  • gains or tries to gain unauthorized access to the Mobile App, its computers and networks, or its user data, or that otherwise modifies or interferes with the use or operation of the Mobile App;
  • gains or tries to gain unauthorized access to the Mobile App software, including by decompiling, disassembling, or reverse engineering the Mobile App;
  • imposes an unreasonable or disproportionately large load on ASH’s, its affiliates’ or its business partners’ infrastructure, including but not limited to transmitting spam or using other unsolicited mass emailing techniques;
  • alters, damages, or deletes any content provided by ASH;
  • contains computer viruses or other disruptive, damaging or harmful files or programs; or
  • otherwise violates these Terms and Conditions or any other guidelines or policies provided by ASH, including the Program Terms and Conditions and the ASH Mobile App Privacy Statement.

6.         Updates and Changes

ASH may update, change, add or remove features from, or discontinue the Mobile App at any time, without providing you notice and without having liability to you or any other person or entity.

III.        SERVICE LIMITATIONS AND DISCLAIMERS

In addition to any disclaimers and limitations included in the applicable Program Terms and Conditions, the following limitations and disclaimers also apply to the Mobile App:

1.         General Limitations

Because the Mobile App communicates with ASH by transmitting information wirelessly and over the Internet, the availability of the Mobile App is subject to certain limitations, including: (a) the Mobile App will only be available to you after you have registered with a Program and logged in to the Mobile App; (b) the Mobile App is only available in the United States; and (c) the Mobile App is not available when the Internet or your mobile connection is not working or when your mobile device settings have location-based services disabled.

2.         Accuracy of Results

ASH does not guarantee any results or the accuracy of any results that you may obtain from the Mobile App, including location information or the calculation of your time at a fitness facility. In addition, you agree that the Mobile App is subject to limitations and restrictions outside of ASH’s control, which include such things as Internet availability, environmental conditions (such as buildings, weather, geography, and topography), atmospheric conditions, and other factors associated with the use of the Internet or with satellites and satellite data.

3.         Stored Data

ASH stores certain data on or about your usage of the Mobile App.  Such data stored as part of the Mobile App, transmitted over the ASH networks, or stored by ASH, the Programs, or its service providers or plan sponsors may be deleted, modified, or damaged, and ASH is not responsible for any such deletions, modifications or damage.

4.         Transported Data

ASH is committed to maintaining the security of the data you provide us and will take reasonable precautions to protect your personal information. However, there is always some risk in transmitting information over the Internet. Because the Mobile App is provided through mobile networks and the Internet, you understand that when you use the Mobile App, your communications may be intercepted by others and that any applications connected to the Internet are subject to inherent risks common to the Internet, such as hackers, viruses, etc. For these reasons, you agree that ASH cannot guarantee the security and privacy of mobile transmissions or transmissions via the Internet. You agree that ASH will not be liable for any lack of security relating to the use of the Mobile App by you and that you will not hold ASH liable for any damages resulting from any loss of privacy or security occurring in connection with any communications over such networks, except where expressly prohibited by law.

5.         Other

The Mobile App is provided on an “as is, as available” basis. Neither ASH, any of its agents, employees or contractors, nor any other party involved in creating, producing, or delivering the Mobile App, shall be held liable for any improper or incorrect use of the Mobile App.

IV.        ADDITIONAL TERMS FOR iTUNES® (APPLICATION PROGRAM) USERS

If you downloaded the Mobile App from the iTunes Store for use with your Apple® (computer software) (“ Apple ”) mobile device:

a.             You agree to the Apple iTunes Terms of Service, and you will only use the Mobile App solely as permitted by the Usage Rules set forth in the Apple iTunes Terms of Service (the “ Usage Rules ”), which you acknowledge you have had the opportunity to review; provided, however, that if these Terms and Conditions include more restrictive terms than the Usage Rules, then such more restrictive terms will supersede the conflicting terms in the Usage Rules.

b.             You acknowledge that these Terms and Conditions are concluded between you and ASH only, and not with Apple, and that ASH, not Apple, is solely responsible for the Mobile App and the content thereof.

c.             You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.

d.             In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price (if any) for the Mobile App and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ASH’s sole responsibility (subject to the qualifications, disclaimers and limitations set forth in these Terms and Conditions). 

e.             You acknowledge that (i) in the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, ASH, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, and (ii) ASH, not Apple, is responsible for addressing any of your claims or those of any third party relating to the Mobile App or your possession and use of the Mobile App, including (A) product liability claims, (B) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement, and (C) claims arising under consumer protection or similar legislation, in each instance, subject to the qualifications, disclaimers and limitations set forth in these Terms and Conditions and the applicable Program Terms and Conditions (which will not be construed in a manner that would limit ASH’s liability beyond the extent permitted by applicable law).

f.             You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions , and that, upon your acceptance of these Terms and Conditions, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms and Conditions against you as a third-party beneficiary thereof.

V.         SUSPENSION AND TERMINATION

ASH may suspend or terminate your access to all or any part of the Mobile App at any time and for any or no reason, including for violation of these Terms and Conditions or the Program Terms and Conditions. In the event of termination, you are no longer authorized to use or access the Mobile App, and you shall have no recourse and ASH shall have no liability as a result of any such termination.  All provisions of these Terms and Conditions and the Program Terms and Conditions relating to warranties, indemnities, confidentiality obligations, proprietary rights, and limitation of liability shall remain effective despite such termination.

VI.        CONTACT US

Any questions regarding these Terms and Conditions should be directed the appropriate contacts for your applicable Program as follow:

·       ExerciseRewards:   https://www.exerciserewards.com/contactus

·       Active&Fit:   https://activeandfit.com/ContactUs

·       Silver&Fit:   https://www.silverandfit.com/Pages/Home/Contact

·       Healthyroads:   https://www.healthyroads.com/About/Contact

 

ASHConnect, Active&Fit, ExerciseRewards, Silver&Fit and Healthyroads are trademarks of American Specialty Health Incorporated.  Apple, Apple Watch, iTunes, and iPhone are registered trademarks of Apple, Inc. Other trademarks are the property of their respective owners.