1. GENERAL INFORMATION
1.1 STATE PRODUCTS
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on shiftstate.io (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of State). Please read these terms and conditions, carefully before ordering any State Products. The terms “State,” “us”, “we”, or “our” refers to State. The term “Device” refers to the device which is used to access the Products including but not limited to computers, smart phones and tablets. The term “you” refers to the user of the Products. The term “Order” refers to the purchase of, or request for access and/or use. When you Order any Products, or otherwise gain access to the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept the Terms and Conditions” at the appropriate place prior to your purchase or access to the Product(s) and/or prior to your access to sections of our Product(s). At such time, if you do not click “I accept the Terms and Conditions”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.
1.2 ENTIRE TERMS & AGREEMENT
- These Terms and any additional terms or conditions set forth by specific State Orders constitute the whole agreement between you and State for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the most stringent terms shall control unless otherwise noted.
- You as the user acknowledge and accept the responsibility of checking and verifying that the details of these Terms and any additional terms specific to your Order(s) are complete and accurate before you use or commit yourself to the purchase the Products.
- If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing; the terms and conditions of this agreement may not be amended or modified, except by a written representation from State, as we only accept responsibility for statements and representations made in writing by an officer of State.
1.3 CHANGES TO TERMS
State reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to shiftstate.io. Your continued use of the Products constitutes your agreement to abide by the prevailing Terms as defined and posted by State. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up alerts or notifications within the Product(s) or by email.
2. USER AND ACCOUNT SUBSCRIPTIONS
2.1 BECOMING A USER
- During your Product use, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). This User Information may include information from your Facebook and similar social networking profiles. Our information collection and use policies with respect to the privacy of such User Information are set forth in the State Privacy Policies section 9 herein. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up-to-date.
- As a registered user, you acknowledge and accept that State is utilizing your User Information to generate a profile which may identify appropriate access levels to Product(s) that may correlate specifically to your User Information, health conditions, and other qualified information provided by you to State. As such, you accept the responsibility and agree to not allow another individual to utilize the Product(s) under your user profile, as their information may defer from that which you provide and warrant herein as accurate and up-to-date.
- By registering to use a State Product you understand and acknowledge that depending on the membership types and/or user levels elected at time of registration, user access to certain sections, features, and functions on Products may differ. In these cases, users may have the option to upgrade or change membership types and/or levels should user wish to access additional sections, features, and functions.
- By agreeing to become a user of State Products you acknowledge and agree to opt-in to receiving occasional special offers, marketing, surveys, and Product based communication emails. You can easily unsubscribe from State commercial emails by following the opt-out instruction in these emails. State memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
- By placing an Order, you warrant that:
- You are at least 18 years of age and legally capable of entering into binding contracts;
- You understand and acknowledge the terms herein and those specific to your Order(s);
- All registration information you submit is truthful and accurate;
- You will maintain the accuracy of such information; and
- Your use of the Product(s) does not violate any applicable law or regulation.
- Paid Subscription. Following your free 14-day trial period, your account will be immediately converted to a monthly paid subscription, and the payment method on your account will be billed and you authorize us to do so. The subscription fee for this App is a recurring charge; that means that your subscription will automatically renew for the same amount of time as the initial subscription period, and will be automatically charged to the payment method on your account (and you authorize us to do so) unless and until you terminate the auto-renewal 24 hours prior to the next renewal date. You can stop the automatic renewal of your subscription at any time by logging into your account on the Apple App Store or the Google Play Store (as applicable). All fees are prepaid and non-refundable. State does not give full or partial refunds for unused subscription periods. If we are unable to process the payment method on your account at a renewal period, your account may be immediately terminated. In order to purchase your subscription, (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER METHOD OF PAYMENT ACCEPTED BY STATE UTILIZED IN CONNECTION WITH ANY TRANSACTION. You agree to pay all fees, payments and applicable taxes relating to the subscription incurred by you or anyone else using your account. By submitting such information, you grant State the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf.
- User acknowledges and understands that State may suspend or terminate use of Products as a result of any fraudulent actions by user, if we are unable to verify or authenticate any information you provide to us, or as a result of any breach of the terms and conditions herein and any other additional obligations set forth by Product specific terms and conditions. Such suspension or termination may go into effect immediately and without prior notification to you and you will lose access to your account for the duration of the suspension and/or the balance of any prepaid period without any refund.
- State email address is email@example.com. All correspondence to State including any queries you may have regarding your use of the Products or these Terms should be sent to this contact email address.
3. USE OF THE PRODUCTS
3.1 CONSULTING WITH YOUR PHYSICIAN
You acknowledge, understand, and agree to that use of State Products require that you consult with your physician(s) prior to use of State Products.
3.2 AGE REQUIREMENTS FOR USE
3.3 ACCURACY OF INFORMATION
You agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up-to-date.
3.4 ETHICAL USE OF PRODUCTS
You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
3.5 SYSTEMS PROTECTION AND SECURITY REQUIREMENTS
You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.
3.6 BREACH OF TERMS AND CONDITIONS
By breaching the provisions of this section 3, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
3.7 REQUIRED CONSENT FOR SPECIAL USE
You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of State.
4. PRODUCT MATERIALS AND OWNERSHIP
4.1 PROHIBITED USE
You agree that you will not conduct the following, or will not assist or permit any third party to:
- Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products;
- Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
- Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;
- Tamper with the Products or circumvent any technology used by State or its licensors to protect any content accessible through the Products;
- Circumvent any territorial restrictions applied to the Products; or
- Use the Products in a way that violates this License Agreement or the other Terms.
4.2 PROPRIETARY RIGHTS
You may not make the Products available to the public. The Products made available (in whole or in part) are owned by State or its licensors and your use of them must be in accordance with these Terms.
You agree to adhere to applicable copyright laws and State copyright terms, including but not limited to:
- All materials (including software and content whether downloaded or not) contained in the Products are owned by State (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
- You acknowledge and agree that certain materials on or in the Products may be the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce penalties against you for non-compliance of applicable laws and terms herein.
- Audio or video content from State not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.
- The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from State. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.
- A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by State through the Products that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), State grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.
- You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. State will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
- State respects the intellectual property rights of others. If you are a copyright owner, or authorized to act on behalf of one and believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim to firstname.lastname@example.org with the subject line “Copyright Infringement” and include in your claim a detailed description of the alleged infringement details under the Digital Millennium Copyright Act (DMCA). You may be held accountable for damages, including, but not limited to costs and attorney fees associated to misrepresentations of bad-faith infringement claims.
You agree to adhere to applicable trademark laws and State trademark terms, including but not limited to:
- State, the State logo and all other State product or service marks are trademarks of State.
- All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners.
- Nothing grants you any license or right to use, alter or remove or copy such material.
- Your misuse of the trademarks displayed on the Products is strictly prohibited.
- State will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
5. PRODUCTS DISCLAIMER
The information contained in the Products is for general information purposes only. State makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
6. MEDICAL DISCLAIMER
State is a provider of online and mobile breathing exercise content. We are not a health care or medical device provider, nor should our Products be considered medical advice or a substitute thereof. All content found on State Products or website, including, but not limited to: text, images, audio, or other formats were created for informational purposes only. Product content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Only your physician(s) or other health care provider can provide medical advice. Never disregard professional medical advice or delay in seeking it because of something you have read on State Products or website. If you think you may have a medical emergency call 911 immediately. As with any type of exercise, if at any point during the exercises you feel faint, dizzy or have discomfort, you should stop immediately. Never look at your phone, use the App or perform these exercises while driving, operating machinery or equipment or while in water of any kind.
Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and will not replace it. State is not liable or responsible for any consequences resulting from you having read or been told about such advice or other materials and you understand and acknowledge that you will assume full responsibility for your decisions and actions. To the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products. Any health information and links on State Products, whether provided by State or by contract from third party providers, is provided simply for your convenience. Application or reliance on any techniques, advice, ideas, suggestions or information provided to you by State is done solely at your own risk and not at the direction of State. State makes no claims, representations or guarantees about Product benefits.
You understand that the exercises and programs discussed and used on this App can be strenuous and should be scaled or done in moderation. There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. By using the App, you acknowledge and agree that you are voluntarily choosing to perform the exercises in the App and expressly agree to accept and assume all risk of loss, injury, death or damages that may occur as a result of performing the exercises used in the App.
7. ACCESS AND AVAILABILITY
7.1 PRODUCT ERRORS
State will aim to achieve user satisfaction and provide quality service, but cannot make guarantees or promises that Products will meet your requirements or that they will be free from fault or errors. If a fault or error occurs in the Products, please report to email@example.com for assistance. The resolution process may require suspension of Product access while we conduct a root cause analysis and/or repairs.
7.2 UPDATES & MAINTENANCE
Your Product access may occasionally be restricted for repairs, updates, maintenance, or the introduction of new functions or capabilities. State will restore the Product(s) as soon as possible to limit the disruption to users. In these cases, State cancellation policies still apply.
8. USER MATERIALS
8.1 SUBMISSION OF MATERIALS
The Products may let you submit material to us: for example, you may be able to upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Products. You may be able to upload video, images or sounds. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind that you submit to us, including but not limited to: text, files, images, photos, video, sounds and musical or written works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products, excluding the exception under section 8.7 of the terms herein.
8.2 ACCEPTANCE OF TERMS
This section 8 sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
8.3 EXCLUSION OF LIABILITY
State does not systematically review User Material submitted by you or other users. State is not responsible for the content of User Material provided by you or any other user, nor do we endorse any opinion contained in such material. State makes no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.
8.4 RIGHT TO REFUSE
State reserves the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this section 8, and may do so with or without giving user prior notice.
8.5 USE OF USER MATERIAL
State may link User Material or parts of User Material to other material, including material submitted by other users or created by State or other third parties. State may also use User Material for internal operations, such as, to examine trends or to promote, market or advertise Products. As such, you acknowledge that State may indirectly commercially benefit from use of your User Material and agree to such terms.
8.6 SUBMISSION OF USER MATERIAL
Each time you submit User Material to State Products or websites, you represent and warrant to us:
- You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract.
- Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
- Your User Material does not advertise any product or service or solicit any business.
- Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material.
- In submitting your User Material, you are not impersonating any other person.
- You will not collect usernames and/or email addresses of users for sending unsolicited email.
- You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
- You will not engage in any automated use of the system, such as using scripts to alter our content.
- You will not, without authorization, access, tamper with, or use non-public areas of the Products, State’s computer systems, or the technical delivery systems of State’s providers.
- Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other State system or network or breach any security or authentication measures.
8.7 INFRINGEMENT DISCLOSURE
We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
8.8 EXCLUDED FROM CONFIDENTIALITY
User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy.
State does not claim any ownership rights in User Material. However, by submitting User Material(s) you hereby grant State an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products/websites, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. State may include your User Material in State’s Distribution Content that is made available to others through the Products. Please note, State has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. As such, you:
- Represent and warrant that you own or otherwise control the rights to your User Material; and
- Agree to indemnify State and its affiliates for all claims arising from, or in connection with, any claims to rights in your User Material or any damages arising from your User Material.
8.10 Other Information
Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to State an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that State has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that:
- You own or otherwise control the rights to your Submission; and
- You agree to indemnify State and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
9. PRIVACY POLICIES
9.1 DATA COLLECTION
State collects information by various methods including information actively provided by its users, providers, and information arising from customer surveys and general feedback. The types of personal information we collect include name, contact information (such as email address), identification information, date of birth, credit information and other data types as appropriate. We may also collect Information that your browser sends whenever you visit our App, such as your Internet Protocol ("IP") address, number of clicks and how you interact with links on the App, the time and date of your visit, the time spent on those pages, and other anonymous data regarding your interactions with the App.
9.2 USE OF INFORMATION
We may gather data for purposes of accuracy, performance reviews, training and general quality assurance. Information collected is used to aid in the provision of our Products, including customer service, accounting, billing, collections and the marketing of other products services. Credit card information is used for billing purposes only. State may use aggregate or anonymous information for various uses for itself and third parties. We may also use the information to detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of State and others.
9.3 INFORMATION SHARING
State does not share personal information with any third parties except as disclosed in this policy. State may provide personal information to State’s subcontractors and professional advisers (which shall be bound by privacy obligations) to assist State’s uses disclosed herein.
9.4 AUTHORIZED DISCLOSURE
State may share your information with your physician(s) and other providers or individuals as authorized by you.
Personal information is stored in electronic files. They are protected by security measures appropriate to the nature of the information. In the event we become aware of a data breach where your personal information has been disclosed to unrelated third parties, we will notify you within 72 hours of becoming aware of a breach if we think there is a reasonable risk of harm to you or if otherwise required to do so by law. If you have any questions about our policy or security, you can write us at firstname.lastname@example.org.
9.6 ACCESSING INFORMATION
Individuals may review their personal information contained in State’s Products via the Settings page within the State app. If an individual believes that any of their information is inaccurate, user must make appropriate corrections or contact customer service at email@example.com for assistance.
9.9 INFORMATION STORAGE
Following termination or deactivation of your account, State or its App Providers may retain information (including your profile information) for a commercially reasonable time (unless otherwise prohibited by applicable law) for backup, archival, and/or audit purposes.
9.10 EU RESIDENTS (GDPR)
We implement technical and organizational measures with respect to processing personal information from European Union individuals for purposes of the EU General Data Protection Regulation (“GDPR”). Upon request, we will provide you with information as to whether and what personal data we store in relation to you. Should your personal data be incorrect, you may request to have it rectified. We may collect and use your information on the basis of your consent. You may revoke your consent to use your personal data in the future, in whole or in part, or request deletion of your personal data. Please feel free to direct such requests, or other questions and comments regarding our GDPR compliance to firstname.lastname@example.org.