IMPORTANT – THIS IS A CONTRACT
CAREFULLY READ BEFORE USING THIS PRODUCT
Gymbot, LLC (“Exerbotics”) designs equipment and tools that help you achieve your health and fitness goals. This facility has incorporated Exerbotics equipment into its fitness and training services.
When these Terms mention “Exerbotics,” “we,” “us,” or “our,” they refer to the party to your agreement that provides you with the Services.
You must accept these Terms to create an Exerbotics account and to access or use the Services. If you do not have an account, you accept these Terms by using any part of the Services. If you do not accept these terms, please do not create an account or use the Services.
By accepting these Terms, you agree to receive notice by email (if one has been provided by you) in the event of a breach of system security that requires Exerbotics provide you with notice.
- USE OF THE SERVICES
If you are under the age of 13, you are not permitted to access or use the Services. If you are between the ages of 13 and 16 you may use the Services excluding the Application. If you are 16 or older, you may use the Services including the Application. Additionally, you cannot access or use the Services if you are barred from receiving services under applicable law or have previously been removed from the Services.
You may only connect to the Services using (i) our equipment; (ii) our mobile applications and software, or approved third-party applications, software, or devices; or (iii) our websites (“Authorized Connections”).
- CREATING AN ACCOUNT
Full use of the Services requires that you create an account by providing us with at least the following information: your full name, birth sex, birthdate, and height. Use of the Application will also require an email address and that you establish a unique password. You are responsible for all activity that occurs in association with your account. Exerbotics is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account password. Please contact firstname.lastname@example.org if you discover or suspect any security breach related to the Services or unauthorized access to your account.
You are not required to download or use the Application in order to use and benefit from the Exerbotics equipment. However, the Application has many potential benefits, including the ability to view data related to your activity on the Exerbotics equipment and to link other device accounts such as Fitbit or Apple Health should you wish to track your activity in one place. It may also provide you insight regarding whether your other activities influence your performance on the Exerbotics equipment.
- NECESSARY EQUIPMENT
Use of the Application is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of the computer or mobile device you use to access the Application and related services may influence the performance of the Services and it is your responsibility to ensure your computer’s or device’s functionality. You are responsible for your Internet connection and all Internet access charges.
- EXERBOTICS’ CONTENT
“Exerbotics Content” includes any exercise regimens, logs, data, text, software, photos, images, graphics, video, audio, music, comments, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Services. Exerbotics Content, the Services, and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other notices of proprietary rights incorporated in or accompanying the Services. Our logos and any other Exerbotics trademarks that may appear on the Services, and the overall look and feel of the Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, products, and service names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
- WHAT YOU CAN AND CANNOT DO USING THE SERVICES
Exerbotics grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Services, (2) access and view the Exerbotics Content, and (3) access and use the software and mobile applications provided by the Services as authorized in these Terms. This license includes any third-party software embedded in any Exerbotics Services. This license is provided solely for your personal, noncommercial use and enjoyment of the Services as permitted in these Terms.
You must not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Exerbotics Content, the Services or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Exerbotics or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services: (1) use, display, mirror, or frame the Services or any individual element within the Services, including the layout and design of any page, without Exerbotics’ express written consent; (2) use Exerbotics’ name, any Exerbotics’ trademark or logo, or proprietary information without Exerbotics’ express written consent; (3) access or tamper with non-public areas of the Services, Exerbotics’ computer systems, or the technical delivery systems of Exerbotics’ providers; (4) test the vulnerability of any Exerbotics’ system or breach any security or authentication measures; (5) circumvent any technological measure implemented by Exerbotics or any other third party (including another user) to protect the Services; (6) access the Services or Exerbotics’ Content through the use of any mechanism other than through the use of an Authorized Connection, the Services, or Exerbotics API; (7) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that Exerbotics provides to you or any other part of the Services; (8) allow your user identification and password to be used by any other person to access the Services; (9) use any portion of the Services for the benefit of any other person or entity that is not an authorized user or licensee; or (10) use the Services to transmit any computer worms, viruses or any code of a destructive nature.
- CHANGES TO SERVICES
Exerbotics may change or discontinue, temporarily or permanently, any feature, component, or content of the Services at any time without notice. Exerbotics is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Services. In connection with providing the Services, Exerbotics may elect to update the Application or software at any time. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of any application. You agree that Exerbotics may automatically deliver such updates to you as part of the Services without prior notice to you and you will receive and install them as required, and you acknowledge and agree that the Services, or portions thereof, may not operate properly should you fail to do so. Exerbotics reserves the right to determine the timing and content of software updates. You further agree that all updates will be deemed part of the Services and will be subject to the Terms.
- THIRD-PARTY SERVICES
- POSTING YOUR CONTENT ON SERVICES
Exerbotics may enable you to post, upload, store, share, send, or display photos, images, video, data, and other information and content (“Your Content”) to and via the Services (e.g., through community discussion boards). You retain all rights to Your Content that you post to the Services. By making Your Content available on or through the Services you hereby grant to Exerbotics a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section are only for the limited purpose of offering and improving the Services. You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.
You represent and warrant that Your Content, the use and provision of Your Content on and through the Services, and your use of the Services will not (a) infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of the Services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s Exerbotics account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Services in any manner that, in our sole discretion, is objectionable (foul language, racist or other discriminatory comments, etc.) or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users (including, without limitation, The Exercise Coach) to any harm or liability of any type. Exerbotics may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Services. Exerbotics takes no responsibility for any user-generated content and makes no guarantees that it will timely recognize or remove offensive user generated content.
- COPYRIGHT POLICY
Exerbotics respects the intellectual property of others and expects its users to do the same. It is Exerbotics’ policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders.
You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray us or any of our products or Services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in Exerbotics’ sole discretion.
- NO WARRANTIES OR GUARANTIES
THE SERVICES AND EXERBOTICS CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or Exerbotics Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services or any Exerbotics Content.
- USE SERVICES AT YOUR OWN RISK
- Health Risks. If you utilize Exerbotics equipment or rely on any Exerbotics Content or the Services, you do so solely at your own risk. You understand and are aware that flexibility, aerobics, strength training and other exercises, including the use of strength training equipment, is a potentially hazardous activity. You understand that fitness activities carry a risk of injury and even death, you are voluntarily participating in these activities and using the equipment and machinery with knowledge of the dangers involved. You hereby agree to expressly assume and accept any and all risks of injury or death associated with the foregoing activities.
- Data Accuracy and Security. Our goal is to provide helpful and accurate information on the Services, but we make no endorsement, representation, or warranty of any kind about any Exerbotics Content, information, or services. The accuracy of the data collected and presented through the Services is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Services. Exerbotics Content and the Services may change from time to time or vary by geographic location. To the extent applicable, maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate, or incomplete.
You further acknowledge and agree that Exerbotics is not responsible for the security or accuracy of information made available through the Services (collectively, “Data”). You, therefore, acknowledge and agree that you are solely responsible for the security, accuracy, and privacy of Data as required by law.
- CONSULT YOUR DOCTOR PRIOR TO USING THE SERVICES
THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. IF YOU HAVE A MEDICAL OR HEART CONDITION, CONSULT YOUR DOCTOR BEFORE USING THE SERVICES, OR ENGAGING IN ANY EXERCISE PROGRAM. IF YOU EXPERIENCE A MEDICAL EMERGENCY, STOP USING THE SERVICES AND CONSULT WITH A MEDICAL PROFESSIONAL. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Services. If you engage in any exercise program you receive or learn about through the Services, you agree that you do so at your own risk and are voluntarily participating in these activities. The information provided by and through the Services is for general informational purposes.
- FEEDBACK AND SUBMISSIONS POLICY
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Exerbotics, or obtained from sources other than you.
- CONTESTS AND GIVEAWAYS
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by Exerbotics or its partners. It is your responsibility to carefully review those terms and conditions if and when they are offered.
17. ALERTS AND NOTIFICATIONS
Although we do not currently push any texts, emails or other electronic communications to our users, we may do so in the future. If/when we do this, you will have the ability to manage thee communications through your account settings. Please note, however, if you provide Exerbotics with your email address, you give Exerbotics authorization to contact you via email to provide notice of a breach of your information should such event occur in the future.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Services, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Such action would prevent your use of Exerbotics equipment. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by emailing email@example.com and stating your request for closure. Follow-up information may be required from you in order to fulfill your request. Upon any termination of these Terms or suspension, termination, or discontinuation of the Services or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 9, 12, 13, 14, 19, 20, 21, 22, 23, and 24.
You indemnify and hold harmless Gymbot, LLC, Exercise Coach USA, LLC, including their officers, directors, employees, affiliates, agents, licensors, licensees, franchisees, contractors, and their successors and assigns, or any other party involved in creating, producing, or delivering the Services from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Services, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- LIMITATION OF LIABILITY
NEITHER GYMBOT, LLC, EXERCISE COACH USA, LLC, INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, LICENSEES, FRANCHISEES, CONTRACTORS, AND THEIR SUCCESSORS AND ASSIGNS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ALL INJURIES TO YOUR PERSON OR PROPERTY, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER OR DEVICE DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EXERBOTICS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL EXERBOTICS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO EXERBOTICS FOR USE OF THE SERVICES, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO EXERBOTICS, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EXERBOTICS AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that any dispute between you and Exerbotics arising out of or relating to these Terms, the Services, or any other Exerbotics products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Exerbotics, you agree to try to resolve the Dispute informally by sending an email to firstname.lastname@example.org. We’ll try to resolve the Dispute informally by contacting you through email. If the Dispute is not resolved within 15 days after submission of your email, you or Exerbotics may bring a formal proceeding.
We Both Agree To Arbitrate: You and Exerbotics agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting email@example.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.
Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Montgomery County, Texas or, if we mutually agree, the United States county where you live or other location.
Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Exerbotics will pay the arbitration filing fee, however, if Exerbotics prevails, Exerbotics is entitled to recover the filing fee from you.
Exceptions to Agreement to Arbitrate: Either you or Exerbotics may assert claims, if they qualify, in small claims court in Montgomery, Texas or any United States county where you live without first engaging in arbitration or the informal dispute-resolution process described above solely for injunctive relief to stop unauthorized use or abuse of the Exerbotics products or Exerbotics Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights).
No Class Actions: You may only resolve Disputes with Exerbotics on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.
Judicial Forum for Disputes: Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Exerbotics agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Montgomery County, Texas. Both you and Exerbotics consent to venue and personal jurisdiction there and waive any right to claim such location is inconvenient. WE BOTH AGREE TO WAIVE OUR RIGHT TO A JURY TRIAL.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Exerbotics products or the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
- OUR ENFORCEMENT RIGHTS
We reserve the right (but are not required) to remove or disable access to the Services, any Exerbotics Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the Exerbotics Content, Your Content, or your use of the Services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Services, and in response may take any action we may deem appropriate.
- GENERAL TERMS
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Exerbotics and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Exerbotics and you regarding the Services and Exerbotics Content.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Services. When you use the Services after a modification becomes effective, you are telling us that you accept the modified Terms. Should you wish to obtain prior versions of our terms, send an email to firstname.lastname@example.org.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Exerbotics’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Exerbotics may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Exerbotics under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Services. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Exerbotics’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Exerbotics. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
- ADDITIONAL TERMS MAY APPLY
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
If you have any questions about these Terms, please contact us at email@example.com or at the following mailing address:
531 Telser Road
Lake Zurich, IL 60047
Attn: CLIENT CARE COORDINATOR’S OFFICE
Specifically, we cover:
- Information We Collect
- How We Use Information
- How Information Is Shared
- Your Rights To Access and Control Your Personal Data
- Data Retention and Storage
- Analytics and Advertising Services Provided by Others
- Table Summarizing Information Collected, Uses, and Disclosures
- Minimum Ages – 13 and 16
- Information Security
- Third-Party Services
- International Operations and Data Transfers
- European Privacy Disclosures
- California Privacy Disclosures
- Who We Are and How To Contact Us
- Changes to This Policy
INFORMATION WE COLLECT
When you use our Services, we collect the following types of information:
- INFORMATION YOU PROVIDE TO CREATE AN ACCOUNT
Some information is required to create an account on our Services, such as your first and last name, date of birth, birth sex, and height. This is the only information you are required to provide to create an account with us to use Exerbotics equipment. We also collect the date and time that you provide this information. If you choose to use The Exercise Coach App, you will also be required to provide an email address and to set up a password. Although not required to create an account, you may choose to provide other types of information such as your postal address, mobile phone number. This information is collectively referred to as your “Account Information”.
2. INFORMATION FROM YOUR USE OF OUR SERVICES
- INFORMATION OBTAINED THROUGH EXERBOTICS EQUIPMENT
By using Exerbotics equipment, you grant the following parties access to the Exerbotics Data and your Account Information (excluding your password):
- Gymbot, LLC (referred to as Exerbotics)
- The Installation Facility including its employees, staff, contractors, clinicians, owners, and affiliates (collectively the “Exerbotics Coaches”).
- If you utilize the Exerbotics equipment at an Installation Facility that operates under a license agreement, franchise agreement (for example, Exercise Coach locations each of which are a franchise of Exercise Coach USA, LLC), or other similar arrangement, you also grant access to the applicable licensor, franchisor, or similar entity and their employees, staff, contractors, and affiliates (collectively “Licensor”).
If you accept an invitation to connect with a remote Exerbotics Coach (each a “Remote Coach”), you grant such Remote Coach access to your Account Information (excluding your password), and Exerbotics Data.
The Exerbotics Coaches, Licensors (if applicable) and Remote Coach have agreed to keep your Account Information (excluding your password) the Exerbotics Data, and any other data to which you grant permission to access, confidential and not use it for any purpose other than to provide you individualized advice and services and to improve their services. However, please understand, Exerbotics cannot provide any assurances that any Exerbotics Coaches, Licensors (if applicable) or Remote Coach will in fact do so.
- OTHER INFORMATION PROVIDED BY YOU THROUGH THE EXERCISE COACH APP OR YOUR DEVICES
To help improve your experience or enable certain features of the Services, you may choose to provide us with additional information, like, weight, sleep information, water intake, or blood pressure tracking, etc. You can do this by entering data through The Exercise Coach App or by connecting one or more of your third-party devices (or the related account) to your Exerbotics’ account which may transfer some of the data associated with your third-party account to your Exerbotics account (collectively such information is referred to as “Additional Data”). For example, if you connect your Exerbotics account to Fitbit or Apple Health we may receive information like your exercise/activity data, sleep data or other data collected by that third-party service. Doing this is entirely voluntary– you are not required to link any third-party devices/services or to provide Additional Data. If you provide Additional Data, you can stop sharing it with us at any time by unlinking the third-party account from your Exerbotics account, and/or by ceasing to manually enter data. Simply disconnecting the third-party account will not, however, delete the data from Exerbotic’s systems. Please see the TABLE SUMMARIZING INFORMATION COLLECTED, USES, AND DISCLOSURES below.
IF YOU DO NOT WANT YOUR EXERBOTICS COACHES OR THEIR LICENSRS (IF APPLICABLE) TO HAVE ACCESS TO ANY DATA OTHER THAN THAT WHICH IS REQUIRED FOR YOU TO RECEIVE THE SERVICES OFFERED BY SUCH EXERBOTICS COACHES, PLEASE REFRAIN FROM ENTERING THE ADDITIONAL DATA OR SYNCING OTHER APPLICATIONS/DEVICES TO YOUR EXERBOTICS ACCOUNT.
- COMMUNITY MESSAGING, CONTESTS AND OTHER CONNECTIONS
If you contact us or participate in a survey, contest, or promotion, we collect the information you submit such as your name, contact information, and message (“Connection Information”). To the extent we provide “communities” or other public facing communication features for clients to communicate with one another, you can share information with others voluntarily (“Your Content”), and at your own risk. These functions are public. When you post Your Content on these community discussion boards, Your Content is available for all other Exerbotics users to see. Please be careful about what you share, particularly if it is personal in nature.
Please Note: We are not required to litigate or otherwise pursue any wrongful disclosure of your data or information. To the extent your Exerbotics Data or other information contains protected health information, you hereby expressly consent to the disclosure of such protected health information when you utilize Exerbotics equipment and/or accept an invitation from an Exerbotics Coach to use the Exercise Coach App.
3. INFORMATION OBTAINED THROUGH THIRD PARTIES (Excluding Linked Devices)
- PERFORMANCE INFORMATION & COOKIES
We may also collect data about the devices and computers you use to access the Services, including IP addresses, browser type, language, operating system, Exerbotics or mobile device information (including device and application identifiers), the referring web page, pages visited, location (depending on the permissions you have granted us), and cookie information.
- LOCATION INFORMATION
The Services include features that may use precise geolocation data, including GPS signals, device sensors, Wi-Fi access points, and cell tower IDs. We collect this type of data if you grant us access to your location. You can always remove our access using your mobile device settings. We may also derive your approximate location from your IP address. If you turn off this feature, please understand that Exerbotics will still obtain certain location information based on the location of the Exerbotics equipment.
- USAGE INFORMATION
When you access or use our Services, we may receive certain usage or network activity information. This includes information about your interaction with the Services, for example, when you view or search content, install applications or software, create or log into your account, pair a device to your account.
- LINKED DEVICES
See subsection 2 of INFORMATION WE COLLECT.
HOW WE USE YOUR INFORMATION
We use the information we collect for the following purposes.
- PROVIDE AND MAINTAIN THE SERVICES
2. IMPROVE, PERSONALIZE, AND DEVELOP THE SERVICES
We use the information we collect to improve and personalize the Services and to develop new ones. For example, we use the information to troubleshoot and protect against errors; perform data analysis and testing; conduct research and surveys; and develop new features and Services. We also use your information to make inferences and show you more relevant content.
3. COMMUNICATE WITH YOU
We use your information when needed to send you Service notifications and respond to you when you contact us. We also use your information to market to you, for example, to promote new features or products that we think you would be interested in. You can control marketing communications and most Service notices by adjusting your preferences in account settings or following the instructions in the applicable communication or on our website.
4. PROMOTE SAFETY AND SECURITY
We use the information we collect to promote the safety and security of the Services, our users, and other parties. For example, we may use the information to authenticate users/clients, to align clients with their personalized workout, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.
We may use any of the information noted above (for example, Exerbotics Data and Additional Data) for research purposes such as determining whether sleep influences exercise patterns to assist Exerbotics and Exerbotics Coaches in the development of new Services and guidance provided to customers.
HOW INFORMATION IS SHARED
We never sell information that identifies our users. We do not share your information except as described below.
- WHEN YOU AGREE OR DIRECT US TO SHARE
You may direct us to disclose your information to others, such as when you use any public facing communication features or social tools made available through the Services. For certain information, we provide you with privacy preferences in account settings and other tools to control how your information is visible to other users of the Services.
You may also direct us to share your information in other ways, for example, when you give a third-party application access to your account. Remember that their use of your information will be governed by their privacy policies and terms. You can revoke your consent to share with third-party applications using your account settings.
2. FOR EXTERNAL PROCESSING
We transfer information to our corporate affiliates, service providers, and other partners who process it for us, based on our instructions, and in compliance with this policy and any other appropriate confidentiality and security measures. These partners provide us with services globally, including for customer support, information technology services, sales, marketing, data analysis, research, surveys and payment.
3. FOR LEGAL REASONS OR TO PREVENT HARM
We may preserve or use or disclose information about you if reasonably necessary to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.
4. NO PUBLIC SHARING OF YOUR DATA
We do not allow the public to see your Exerbotics Data, your Additional Data or any other information that identifies you, except to the extent that you choose to post information on a community discussion board made available through our website or The Exercise Coach App. Deidentified Information may also be used in in public reports about exercise and activity, various wellness topics, etc., however, any information that is made available to the general public will typically be in the form of summary statistics learned from Exerbotics’ analysis/research. For example, we found a that 70% of females ages 50-55 see a strength increase of at least 25% within 8 weeks of consistent use (measured on an Exerbotics Leg Press).
5. OTHER USES
We may share information that is de-identified in a manner such that it cannot reasonably be used to identify you (“Deidentified Information”). When we de-identify information, all personal identifiers such as date of birth, name, email address, phone number IP address are removed. We may aggregate and disclose such Deidentified Information to third parties for a variety of purposes, for example, for research, to partners under agreement with us, or as part of any community benchmarking information we provide to users of our Services. We do not currently sell Deidentified Information but we may do so in the future. If we do, we will take steps to ensure the purchaser will not reidentify the Deidentified Information in the future.
YOUR RIGHT TO ACCESS AND CONTROL YOUR PERSONAL DATA
You retain the right to access the information we collect about you and to request that we amend, correct or delete your personal information at any time. We may give you account settings and other tools within our Services to carry out the above tasks or you may contact our Client Services Coordinator at firstname.lastname@example.org for assistance. You can also use the Account Settings to limit notifications, to revoke access of third-party applications you previously connected to your account and manage other functions. For your security, if you contact us for assistance with these functions, we request that you provide us information to verify your identity.
Following are the methods by which you can delete or change your information:
DATA RETENTION AND STORAGE
How long we retain your personal information depends on the type of data and the purpose for which we use or process the data. We keep your account information, like your name, email address, and password, for as long as your account is in existence because we need it to operate your account. In some cases, when you give us information for a feature of the Services, we may delete the data after it is no longer needed for the feature. We keep other information, like your Exerbotics Data and Additional Data, until you take steps to delete this information because we use this data to provide you with your personal statistics and other aspects of the Services. We also keep information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm. To the extent your personal information is deidentified, we may keep this information indefinitely.
We may use third-party vendors and hosting partners to provide the necessary software, hardware, networking, storage and related technology to run our Services. We do not transfer ownership of this data to any third-party vendors or hosting parties. If you have a security-related concern, please contact email@example.com. We may provide access to or transfer ownership of Deidentified Data at any time.
ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS
MINIMUM AGES – 13 and 16
If we become aware that a child under the age of 16 has provided us with personal identifiable information through The Exercise Coach App, we will take steps to remove such information and terminate the child’s account.
INFORMATION SECURITY AND INTEGRITY
We strive to take appropriate security measures to help safeguard your information from unauthorized access and disclosure. For example, only Exerbotics authorized personnel, Exerbotics Coaches, and any applicable Licensor are allowed to access personal identifiable information, and they may only access it for permitted business functions. We also use technology to protect your information, including encrypting sensitive personal information that is transferred to or from our systems. The above applies solely to Exerbotics. Exerbotics Coaches may have different policies governing access.
While we cannot guarantee that loss, misuse, or alteration will never occur, we use reasonable efforts to prevent it. Please keep in mind that no method of storage or transmission over the Internet is completely secure, so your use of our Services and provision of information to us is at your own risk.
We use a variety of services offered by third parties to help maintain and improve our website and to provide and improve our Services. These third-party service providers may store personally identifiable information about you that we collect and information sent by your browser. If we provide your personal identifiable information to third parties, we will limit their use to only what is necessary for them to provide services to us. For a list of our third-party processors send an email request to firstname.lastname@example.org.
INTERNATIONAL DATA TRANSFERS
EUROPEAN PRIVACY DISCLOSURES
If you live in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, please review these additional privacy disclosures under the European Union’s General Data Protection Regulation (“GDPR”).
- YOUR DATA CONTROLLER
If you live in the EEA, UK, or Switzerland, Gymbot, LLC is your data controller. For our contact information, please see the Contact Us section below.
2. HEALTH AND OTHER SPECIAL CATEGORIES OF PERSONAL DATA
To the extent that information we collect is health data or another special category of personal data subject to the GDPR, we ask for your explicit consent to process the data. We obtain this consent separately when you take actions leading to our obtaining the data, for example, when you sync another service to your Exerbotics account (such as exercise activity from your Fitbit account), grant us access to your exercise or activity data from another service. You can use your account settings and tools to withdraw your consent at any time, including by stopping use of a feature, removing our access to a third-party service, unpairing other services, or deleting your data or your account.
3. OUR LEGAL BASES FOR PROCESSING PERSONAL DATA
For personal data subject to the GDPR, we rely on several legal bases to process the data, including:
When you have given your consent, which you may withdraw at any time using your account settings and other tools;
- Our legitimate business interests, such as in improving, personalizing, and developing the Services, marketing new features or products that may be of interest, and promoting safety and security as described in the How We Use Information section.
4. HOW TO EXERCISE YOUR LEGAL RIGHTS
If you need further assistance regarding your rights, please contact our Data Protection / Privacy Officer at email@example.com, and we will consider your request in accordance with applicable laws. You also have a right to lodge a complaint with your local data protection authority.
If you have questions about this policy, or need help exercising your privacy rights, please contact our Data Protection / Privacy Officer at firstname.lastname@example.org or you may contact us at:
Attn: Client Care Coordinator
531 Telser Road
Lake Zurich, IL 60047
CALIFORNIA PRIVACY DISCLOSURES
If you are a California resident, please review the following additional privacy disclosures under the California Consumer Privacy Act (“CCPA”).
- HOW TO EXERCISE YOUR LEGAL RIGHTS
You have the right to understand how we collect, use, and disclose your personal information, to access your information, to request that we delete certain information, and to not be discriminated against for exercising your privacy rights. You may exercise these rights using your account settings, for example:
- By logging into your account and using your account settings, you may exercise your right to access your personal information and to understand how we collect, use, and disclose it.
- If you need further assistance regarding your rights, please contact our Data Protection / Privacy Officer at email@example.com and we will consider your request in accordance with applicable laws.
2. CATEGORIES OF INFORMATION WE COLLECT, USE, AND DISCLOSE FOR BUSINESS PURPOSES
- Identifiers, like your name or username, email address, mailing address, phone number, IP address, account ID, device ID, cookie ID, and other similar identifiers.
- Demographic information, such as your gender, age, and physical characteristics or description, which may be protected by law.
- Commercial information including records of the Services.
- Biometric information, such as your exercise / activity data and, to the extent provided by you, sleep, health data, and any similar information to which you grant us access from another service.
- Internet or other electronic network activity information, such as the usage data we receive when you access or use our Services. This includes information about your interactions with the Services and about the devices and computers you use to access the Services.
- Geolocation data, including GPS signals, device sensors, Wi-Fi access points, and cell tower IDs, if you have granted us access to that information.
- Electronic, visual, or similar information, such as your profile photo or other photos, if applicable.
- Inferences drawn from any of the above, including the number of calories you burned, distance you traveled, sleep insights, and personalized exercise and activity goals.
- Information you post on a community message board or send using the Exerbotics private messaging function, if applicable.
We do not sell information that identifies you. Although we do not currently allow for third-party advertising, we may work with advertising partners in the future. We will update this policy to reflect such changes.
EFFECTIVE DATE: 09/21/2022
TABLE SUMMARIZING INFORMATION COLLECTED, USES, AND DISCLOSURES
|Category/Type of Information Collected||Purpose for Collecting
|Categories of 3rd Parties to Whom Information is Disclosed||Was Information Disclosed for Business Over Prior 12 Months||Was Information Sold or Shared Over Prior 12 Months||How to Delete Your Information or Discontinue Collection of Your Information|
[e.g., name, height, DOB, gender, email address]
|Setting up an account is necessary for you to use the Services – it syncs the Exerbotics equipment with settings specific to you.||
||Yes||No. Used solely for business purposes.||Email request to firstname.lastname@example.org
Please Note: if you delete your Exerbotics account you may not be able to make use of the Services moving forward.
[Information generated from your use of Exerbotics equipment]
|This allows Exerbotics and your Exerbotics Coach to design exercises to help you meet your fitness goals and to assess your progress. You can also view some of this data through the Exercise Coach App to personally track your progress.||
||Yes||No. Used solely for business purposes.||Email request to email@example.com
Please Note: if you delete your Exerbotics Data you will not be able to make use of the Services moving forward.
[information provided by you whether via self-entry or by connecting one of your other accounts to your Exerbotics account, e.g., your Fitbit account]
|This is information you provide through the Exercise Coach App. For example, you may wish to connect steps tracker account (such as Fitbit) to your Exerbotics account so you can see this information as well as your historical performance on the Exerbotics Equipment all in one app.||
||New feature as of 9/30/22.||No. Used solely for business purposes.||You can unlink your device account or stop entering this type of data into your account at any time. Unlinking a device account from your Exerbotics account does not, however, delete any Additional Data made available prior to taking this action.
To delete any Additional Data you must submit a request to firstname.lastname@example.org.
Deleting your Additional Data will not impact your ability to continue to use the Services.
[e.g., IP address, devices used to log in to your Exerbotics account]
|Application improvement, including enhanced user experience and security.||
||Yes||No. Used solely for business purposes.||Email request to email@example.com
|Application improvement, including enhanced user experience and security.||
||Yes, but only the location where you used Exerbotics equipment||No. Used solely for business purposes.||If such information exists, you can delete this information by submitting a request to firstname.lastname@example.org
If you delete this information, your location when using Exerbotics equipment will still be available as long as Exerbotics maintains the Exerbotics Data.
[e.g., information you share with others by posting to an Exerbotics community discussion board such as a recipe or your achievement of certain fitness goals]
|To encourage community connection with other users who are also engaging in their own health/fitness efforts.||
||No||No. Used solely for business purposes.||Users may delete or
email request to email@example.com.
Note, if you posted something to a community discussion board, another member of the community could copy that information or repost it and you will not be able to control that information.
[e.g., information you provide when you contact us, enter a contest, promotion, etc.]
|To facilitate communication with Exerbotics Coaches regarding your health and fitness goals.||
||No||No. Used solely for business purposes.||Email request to firstname.lastname@example.org|
[any of the above information excluding any data points that can be used to identify you individually]
|Any legal business or research purpose.||
||No||No. Used solely for business purposes.||There is no method for deleting or modifying this type of information. Exerbotics will not be able locate data specific to you in order to respond to your request.|
[combining your data with data from other individuals in a manner that does not identify any one person but allows us to look at trends across a particular group of people, e.g., Average Range of Motion of individuals 30-40 years old)
|Any legal business or research purpose.||
||No||No. Used solely for business purposes.||There is no method for deleting or modifying this type of information as it will not contain any information personal to you.|
EQUIPMENT DATA COLLECTION
- CLIENT TRAIT DATA: This is data about your physical characteristics needed to define exercises specific to you. There are two types of data maintained for the client: Maxtest Data and Range of Motion (ROM) data. This data must be specified for each movement/exercise and may be updated anytime.
a. Maxtest Data: This is a measure of the maximum force you produce during a set interval of time with respect to a specific movement on each piece of equipment you use. Maxtest data is collected before your first exercise but you can also repeat Maxtests across time.
b. ROM Data: This is a measure of your range of motion (the start and end position) when carrying out a particular movement produced when you and your trainer work together to define the starting point and ending point for each movement.
- CLIENT EXERCISE RESULT DATA: Data is collected and maintained on the system for each exercise you perform. This data consists of exercise summary data and detailed force data. For example:
- Movement/Exercise identification
- Collection identification
- Protocol specification
- Date and time exercise performed
- Number of exercise phases performed
- Number of exercise repetitions performed
- An indication if all specified repetitions were completed
- Total Effort expended during the exercise
- Total Concentric Effort
- Total Eccentric Effort
- The Target Effort for the exercise
- Target Effort Calculation
- Percent of Target Effort achieved
- Various force data elements (e.g., exercise quality – percent of time you achieved prescribed targets, how much of time you performed above or below targets)
- Various strength data elements
The above description is not intended to list all data elements collected with respect to each exercise.
Cookies are small text files that are stored in your web browser on your PC, telephone, tablet or other Internet-connected device (each a “Device”) that “remember” information about you and your visit(s) to a website or connection to web application. Certain cookies may also collect personal data about you from your Device.
THE TYPES OF COOKIES WE USE
- Strictly necessary cookies: These are cookies that are necessary for the operation of our Website. They include, for example, cookies that register the type and version of your browser. If you disable these cookies, then the Website will not function properly.
- Functionality cookies: These are used to recognize you when you return to our Website. This enables us to personalize our content for you, including (where applicable) to remember choices you make (such as your language or the region you are in) and provide enhanced, more personal features.
- Analytical/performance cookies: These allow us to recognize and count the visitors to our Website and to see how visitors use our Website. This information helps us to improve the way our Website works, for example, by ensuring that users find what they are looking for easily.
Your Internet browser may let you restrict or disable certain types of cookies. Without cookies, you may not be able to use all of the options on our sites.
Exerbotics.com uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses its own persistent cookie, which expires two years after it is placed on your Device. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google, which may include being stored on its servers in the United States.
The Services are not directed to people under the age of 13. We do not knowingly permit children under the age of 13 to use Exerbotics equipment nor do we knowingly collect personal information from children under 13. Children between the ages of 13 and 15 may create an account solely for the purpose of utilizing the Exerbotics equipment while working with an Exerbotics Coach. Creating an account requires that you provide the Account Information.
Parents— when you allow your child to train on Exerbotics equipment, you grant Exerbotics permission to collect the Exerbotics Data that is generated through your child’s use of the Exerbotics equipment.
You must be at least 16 years old to use The Exercise Coach App. The Exercise Coach App allows you to provide information in addition to the basic information required to set up an Exerbotics account. Please see the section titled INFORMATION WE COLLECT, Paragraph 2 – OTHER INFORMATION PROVIDED BY YOU THROUP OUR APP OR YOUR DEVICES to better understand the types of information that may be collected through your use of The Exercise Coach App.
Parents— If you have a child under 16 years of age and become aware that your child has provided personally identifiable information to Exerbotics through The Exercise Coach App, please contact us at email@example.com. If we become aware that a child under the age of 16 has provided us with personal information through The Exercise Coach App, we will take steps to remove such information and terminate the child’s account.