ASHConnect™ Mobile App User Agreement
Effective as of December 28, 2022
Please read this User Agreement 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 Active&Fit EnterpriseTM program and Silver&Fit® program 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”) (collectively referred to herein as the “ASH Programs”). ASH Fitness and ASH Management are subsidiaries of American Specialty Health Incorporated (collectively referred to herein as “ASH”, “we” or “our”). The Mobile App was designed to track and report fitness center visits and fitness activity in accordance with the ASH Programs, one or more of which you may participate in.
The following User Agreement license agreement and terms and conditions (this “Agreement”) governs your use of the Mobile App and is part of the terms and conditions for the ASH Program applicable to you (each, an ASH Program Website Terms and Conditions), including all disclaimers and limits of liability in such terms, the agreement to arbitrate disputes, and the waiver of the right to pursue class action claims. You can also find the Privacy Statement for each ASH Program within the related ASH Program Website Terms and Conditions. This Agreement is a binding legal agreement, and by using the Mobile App, you agree to be bound by this Agreement and the applicable ASH Program Website Terms and Conditions and Privacy Statement.
The ASH Program Website Terms and Conditions are available via the links below:
The ASH Program Website Privacy Statements are available via the links below:
For purposes of this Agreement, references to the “Web Site” or “Website” in each ASH Program Website Terms and Conditions shall include the Mobile App.
II. YOUR USE OF THE MOBILE APP
Upon and subject to your acceptance of this Agreement, 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 this Agreement and solely in connection with your participation in an ASH 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.
To use the Mobile App, you must register for an account with the Active&Fit Enterprise program, Silver&Fit program 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 ASH Program; and (f) comply with any other reasonable requirements or restrictions requested or imposed by ASH or the applicable ASH Program, including the applicable ASH 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 you receive from your mobile service carrier or any other 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, you authorize your location information from your mobile device to be shared with ASH. You understand and acknowledge that your environment and mobile device’s settings may limit the Mobile App’s ability to use location information and that this may affect the functionality of the Mobile App. You hereby consent to ASH using your location information and other related information you opt into or give permission to, as described in the ASH Mobile App Privacy Statement.
Apple Watch®: If you use an Apple Watch® (wrist wearable device) and sync it with an iPhone® (mobile digital device) Health app, when you sync your iPhone® Health app through the Mobile App, you authorize ASH to receive your Apple Watch 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 ASH Program. After receiving the information from our third-party data aggregator, we upload the information into your member profile/account on your ASH Program Website. By syncing your iPhone Health app through the Mobile App, you authorize ASH to receive this information from your Apple Watch.
For more information about how location information and activity tracking data is used, please consult the Privacy Statement for your applicable ASH Program via the links below:
5. Prohibited Uses
In addition to the limitations set forth herein and in the applicable ASH Program Website Terms and Conditions, you are prohibited from using the Mobile App in any way that:
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 ASH Program Website 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 an ASH 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 center. 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. When you use the Mobile App, you consent to this storage. Such data stored as part of the Mobile App, transmitted over the ASH networks, or stored by ASH, the ASH Programs, or its third-party 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, by using the Mobile App you agree to these inherent risks, and 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 including, but not limited to, a loss of privacy or security, occurring in connection with any communications over such networks, except where expressly prohibited by law.
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 APP STORE (APPLICATION PROGRAM) USERS
If you downloaded the Mobile App from the App Store for use with your Apple® (computer software) (“Apple”) mobile device:
a. You agree to the Apple Terms of Service, and you will only use the Mobile App solely as permitted by the Usage Rules set forth in the Apple Terms of Service (the “Usage Rules”), which you acknowledge you have had the opportunity to review; provided, however, that if this Agreement includes 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 this Agreement is between you and ASH only, and is not an agreement 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 this Agreement).
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 this Agreement and the applicable ASH Program Website 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 this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right, and will be deemed to have accepted the right, to enforce this Agreement 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 this Agreement or the applicable ASH Program Website 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 this Agreement and the ASH Program Website Terms and Conditions relating to warranties, indemnities, confidentiality obligations, proprietary rights, limitation of liability, privacy, disputes, and arbitration shall remain effective despite such termination.
VI. CONTACT US
Any questions regarding this Agreement, the applicable ASH Program Website Terms and Conditions, or the applicable Privacy Statement should be directed the appropriate contacts for your applicable ASH Program as follow:
ASHConnect, Active&Fit Enterprise, Silver&Fit and Healthyroads are trademarks of American Specialty Health Incorporated. Apple, Apple Watch, and iPhone are registered trademarks of Apple, Inc. Other trademarks are the property of their respective owners.