Terms of Use
Last updated: Jan 14, 2021
These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and LifeAt LLC (“Company“, “we”, “us”, or “our”), concerning your access to and use of LifeAt website’s http://lifeat.io or any LifeAt products, software, applications, data, imagery, models, functionality and/or services provided to you on, from, or through the LifeAt website (collectively, the “Service”). Using the Service indicates that you accept these Terms, Privacy, and any policies and guidelines of LifeAt incorporated herein by reference. If you do not accept these Terms or such policies or guidelines, you may not use the Service.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.
General.
The Service is owned and operated by LifeAt, LLC. LifeAt reserves the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the service after the date such revised Terms of Use are posted. The information provided is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Eligibility.
The Site is intended for users who are at least 16 years of age following COPPA standards. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using LifeAt services. If we learn that we have collected personal information through the Service from a child under 16 without the consent of the child’s parent or guardian as required by law, we will delete it.
Non-commercial Use by Users
The LifeAt LLC Services are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are endorsed or approved by LifeAt LLC. Illegal and/or unauthorized use of the LifeAt LLC Services, including without limitation collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the LifeAt LLC Platforms, is prohibited. LifeAt LLC reserves the right to pursue any and all remedies available at law or in equity in response to any illegal or unauthorized use of the LifeAt LLC Services.
Fees.
You acknowledge that LifeAt LLC reserves the right to charge fees for the use of the LifeAt LLC Services and to change such fees from time to time in its sole discretion. If LifeAt LLC terminates your use of the LifeAt LLC Services because you have breached this Agreement you shall not be entitled to any refund of any unused portion of such fees.
Prohibited Activities.
The following is a partial list of certain activities that are illegal or prohibited on the LifeAt LLC Platforms and through your use of the LifeAt LLC Services (“Prohibited Activities“). LifeAt LLC reserves the right to investigate and take appropriate legal action against anyone who LifeAt LLC believes (in its sole discretion) has violated this provision, including without limitation reporting such violation to law enforcement authorities. Prohibited activity includes but is not limited to:
1. criminal or tortious activity, pornography, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets. This includes sending, posting, uploading or otherwise transmitting to or through the Service any imagery, text or other content that is unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, discriminatory, violent, fraudulent, vulgar, pornographic, or otherwise objectionable
2. advertising, downloading content and using for personal or commercial use, or solicitation of, any user to buy or sell any products or services through the LifeAt LLC Services other than someone authorized by LifeAt LLC. This includes using any LifeAt content or 3rd Party 3d modeling viewer and embedding on any external site other than LifeAt.io or LifeAt websites or LifeAt apps, that is not authorized by LifeAt with permission. You may not transmit any chain letters or junk email to other users. It is also a violation of this Agreement to use any information obtained from the LifeAt LLC Services to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
3. any automated use of the system, such as using scripts to send comments or messages; interfering with, disrupting, or creating an undue burden on the LifeAt LLC Services or the networks or services connected to the LifeAt LLC Services.
4. using any information obtained from the LifeAt LLC Services in order to harass, abuse, or harm another person; or
b using the LifeAt LLC Services in a manner inconsistent with any and all applicable laws and regulations.
5. using or downloading any videos on our site and displaying it on another site or in another country.
Account Terms
No Use by Minors Under 16
Our Service is intended only for access and use by individuals at least sixteen (16) years old. By accessing or using any of LifeAt, you warrant and represent that you are at least sixteen (16) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least sixteen (16) years old, you are prohibited from both access and usage of Service.
Account Creation
When you create an account with us, you guarantee that you are above the age of 16, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.
You may not use as a username any name that is offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Video Chat and collaboration
Our video conferencing and collaboration tools does not store videos. Our services require us to ask users to access your device camera and microphone to enable video chats. We also may need to access your image files and other files on your device so you can share them with other Users on the Service.
Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at contact@lifeat.io
Referrals Terms
The LifeAt referral program ("Referrals") allows users to get access to "Premium" features for new users they refer to LifeAt. To participate, users must agree to these terms. The specific terms of each referral, including commission rate, promotional credits, and others, may vary.
Sharing Referral Links
Referrals should only be used for personal and non-commercial purposes. Referral links should not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia) or on blogs. Users are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. Members are prohibited from paying to advertise their referral links.
Severability
If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
Termination and Changes
LifeAt may suspend or terminate Referrals or a user’s ability to participate in it at any time for any reason. We reserve the right to suspend accounts or remove feature access if we notice any activity that we believe is abusive, fraudulent, or in violation of the LifeAt Terms of Service. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate. The scope, variety, and type of services and products that you may obtain by redeeming feature access can change at any time.
Updates to the Referrals Terms
We can update these terms at any time without prior notice. Continued participation in the Referrals program after any modification shall constitute consent to such modification.
User Content
1. When you upload any Content to the Service, you grant LifeAt a worldwide, non-exclusive, royalty-free license to publicly perform, publicly display, broadcast, make available, store and archive, and otherwise use such Content (in whole or in part) on and through our Service. Creators reserve the right to remove their supplied content at any time by messaging contact@lifeat.io. The LifeAt team will immediately remove the content from the platform and communicate with the creator the timeframe it will take to remove such content from the site.
2. You acknowledge and confirm that your Content will be made available to be viewed by the public on and through the LifeAt Service for viewing without providing you attribution or compensation.
3. You may not upload, post or transmit any Content that:
- Infringes any third party’s copyrights or other intellectual property rights, contract rights or any other rights of any person;
- Contains any pornographic, racist, defamatory, libelous or otherwise immoral, vulgar or obscene content;
- Depicts unlawful or violent, hateful or threatening or otherwise inappropriate acts;
- Offends, defames, harasses or otherwise damages LifeAt or any third party;
- Violates any law, statute, or regulation.
4. We reserve the right to remove any Content at any time if we believe it’s defective, of poor quality, or in violation of these Terms.
5. You represent and warrant that:
(i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) LifeAt will not need to obtain licenses from any third party or pay a compensation or royalties to any third party with respect to the Content; (iii) your Content does not infringe any third party rights (including in particular copyrights, neighboring rights, intellectual property rights, name rights, right of personality, rights of privacy, data rights or other property rights), and (iv) your Content complies with these Terms and all applicable laws.
6. When you upload any Content to the Service you also authorize us under your copyrights to enforce any violations of others. In other words, LifeAt is entitled to take appropriate measures to pursue the rights granted to us hereunder. You shall support us in the court or non-court assertion of the acquired rights, in particular by providing information, providing the necessary original documents and other documents, making or having made the necessary assignment of rights to LifeAt, as well as preparing any further declarations or documents which should be required or useful for the realisation of the license granted by you to LifeAt.
Ownership and Proprietary Rights
All LifeAt LLC source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us, sued based on third-party site policies, or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names (other than as needed for your computer or device to interface with the Service) without the prior written consent of the appropriate owner thereof. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any personal or commercial purpose whatsoever, without our express prior written permission. The materials made available on or through the Service are protected by copyright and other intellectual property rights. Except as set forth below, the use on any website or other environment of any material available on or through the Service is strictly prohibited.
Privacy.
The use of the LifeAt Services is also governed by the LifeAt Privacy Policy, which is incorporated into this Agreement by this reference.
Third-Party Services
Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. Google Analytics will collect data and connect other data we might have about the end user. We will not upload any data that allows Google to personally identify an individual (such as certain names, social security numbers, email addresses, or any similar data), or data that permanently identifies a particular device (such as a mobile phone’s unique device identifier if such an identifier cannot be reset). If we upload any data that allows Google to personally identify an individual, our Google Analytics account can be terminated.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=enWe also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Firebase
Firebase is an analytics service provided by Google Inc.You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=enFor more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Amplitude
MixPanel
MixPanel is an analytics service provided by Mixpanel Inc.Personal Data processed: Tracker; Usage Data.Place of processing: United States – Privacy Policy – Opt Out.Category of personal information collected according to CCPA: internet information.This processing constitutes a sale based on the definition under the CCPA. In addition to the information in this clause, the User can find information regarding how to opt out of the sale in the section detailing the rights of Californian consumers.
Hotjar
We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.
Links to Other Websites.
For your convenience, the Service may contain links to other websites, such a link to an education institution or a sponsor (“client”). If you use these links, you will leave the Service. Certain of these linked websites may make use of LifeAt’s intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from LifeAt. LifeAt is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not LifeAt is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by LifeAt of the organizations sponsoring such third-party websites or their products or services. Except for any LifeAt property or content embedded in any third-party website, these Terms do not apply to any third-party website.
Termination.
LifeAt may terminate your use of the Service at any time at our sole discretion. Upon any such termination, you must destroy any material obtained from the Service and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, ownership, third-party copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, privacy, and jurisdictional issues shall survive any such termination.
Disclaimer.
LifeAt LLC is not responsible for any incorrect or inaccurate content posted on the LifeAt LLC Services, including whether caused by customers or by any of the hardware, software or functionality associated with or utilized in the LifeAt LLC Services. The LifeAt LLC Services may contain links to other websites. LifeAt LLC is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by LifeAt LLC. Inclusion of any linked website on the LifeAt LLC Services does not imply approval or endorsement of the linked website by LifeAt LLC. When you access these third-party sites, you do so at your own risk. LifeAt LLC takes no responsibility for the goods or services provided by third parties, including customers, sponsors, advertisers, strategic partners or affiliates. LifeAt LLC is not responsible for the conduct, whether online or offline, of any user of the LifeAt LLC Services. LifeAt LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any information on the LifeAt LLC Services. LifeAt LLC is not responsible for any problems or technical malfunction of any communications network or lines, online systems, servers or providers, hardware or software, due to technical problems or traffic congestion on the Internet or on any of the LifeAt LLC Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the LifeAt LLC Services. Under no circumstances shall LifeAt LLC be responsible for any loss or damage, including personal injury or death, resulting from use of the LifeAt LLC Services, attendance or participation in a LifeAt LLC event or promotion, from any content posted on or through the LifeAt LLC Services, or from the conduct of any users of the LifeAt LLC Services, whether online or offline. The LifeAt LLC Services are provided “AS-IS” and as available and LifeAt LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. LifeAt LLC cannot guarantee and does not promise any specific results from use of the LifeAt LLC Services.
Limitation of Liability.
IN NO EVENT SHALL LIFEAT LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE LIFEAT LLC SERVICES, EVEN IF LIFEAT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LIFEAT LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LIFEAT LLC FOR THE LIFEAT LLC SERVICES DURING THE TERM OF YOUR USE OF THE LIFEAT LLC SERVICES.TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: (A) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LIFEAT OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES, EVEN IF LIFEAT OR A LIFEAT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
Indemnity.
You will indemnify, defend, and hold harmless LifeAt, its affiliates, and their respective directors, officers, employees, and agents, from and against any claim, demand, action, class action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including attorneys’ fees) arising therefrom (“Claims”), brought by any third party that is based on, or arises out of: (a) your activities on or use of the Service; (b) your violation, or apparent violation, of any of these Terms; or (c) any allegation that any material you submitted to LifeAt violates any law or infringes any third party right, including any intellectual property or privacy right. You shall not settle any Claim unless such settlement completely and forever releases LifeAt from all liability with respect to such Claim or unless LifeAt consents to such settlement in writing.
Site Security.
You are prohibited from violating, or attempting to violate, the security of the Service, including without limitation to conduct a denial of service attack or other attack. Any such violations may result in criminal and/or civil penalties against you. LifeAt will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
Other.
By using the LifeAt LLC Platforms or any of the LifeAt LLC Services you agree that you have accepted this Agreement. This Agreement constitutes the entire agreement between you and LifeAt LLC regarding the use of the LifeAt LLC Services. The failure of LifeAt LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. LifeAt LLC and Experience Builder are trademarks of LifeAt LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Questions.
If you have any questions regarding these Terms, please submit your questions via an email to contact@lifeat.io. We will endeavor to respond to you promptly.
Account suspension and deletion
LifeAt reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at contact@lifeat.io
Referrals Terms
The LifeAt referral program ("Referrals") allows users to get access to "Premium" features for new users they refer to LifeAt. To participate, users must agree to these terms. The specific terms of each referral, including commission rate, promotional credits, and others, may vary.
Sharing Referral Links
Referrals should only be used for personal and non-commercial purposes. Referral links should not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia) or on blogs. Users are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. Members are prohibited from paying to advertise their referral links.
Severability
If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
Termination and Changes
LifeAt may suspend or terminate Referrals or a user’s ability to participate in it at any time for any reason. We reserve the right to suspend accounts or remove feature access if we notice any activity that we believe is abusive, fraudulent, or in violation of the LifeAt Terms of Service. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate. The scope, variety, and type of services and products that you may obtain by redeeming feature access can change at any time.
Updates to the Referrals Terms
We can update these terms at any time without prior notice. Continued participation in the Referrals program after any modification shall constitute consent to such modification.
User Content
1. When you upload any Content to the Service, you grant us a worldwide, non-exclusive, permanently, irrevocable, royalty-free license (with the right to sublicense) to reproduce, adapt and modify (incl. translation), distribute, publicly perform, publicly display, broadcast, make available, store and archive and otherwise use such Content (in whole or in part) on and through the Service.
2. You acknowledge and confirm that your Content will be made available to the public on and through the Service for personal use of third parties subject to these Terms without providing you attribution or compensation.
3. You may not upload, post or transmit any Content that:
- Infringes any third party’s copyrights or other intellectual property rights, contract rights or any other rights of any person;
- Contains any pornographic, racist, defamatory, libelous or otherwise immoral, vulgar or obscene content;
- Depicts unlawful or violent, hateful or threatening or otherwise inappropriate acts;
- Offends, defames, harasses or otherwise damages LifeAt or any third party;
- Violates any law, statute, or regulation.
4. We reserve the right to remove any Content at any time if we believe it’s defective, of poor quality, or in violation of these Terms.
5. You represent and warrant that:
(i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) LifeAt will not need to obtain licenses from any third party or pay a compensation or royalties to any third party with respect to the Content; (iii) your Content does not infringe any third party rights (including in particular copyrights, neighboring rights, intellectual property rights, name rights, right of personality, rights of privacy, data rights or other property rights), and (iv) your Content complies with these Terms and all applicable laws.
6. When you upload any Content to the Service you also authorize us under your copyrights to enforce any violations of the sublicense we grant in the Content to others. In other words, LifeAt is entitled to take appropriate measures to pursue the rights granted to us hereunder. You shall support us in the court or non-court assertion of the acquired rights, in particular by providing information, providing the necessary original documents and other documents, making or having made the necessary assignment of rights to LifeAt, as well as preparing any further declarations or documents which should be required or useful for the realisation of the license granted by you to LifeAt.
Ownership and Proprietary Rights
All LifeAt LLC source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us, sued based on third-party site policies, or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names (other than as needed for your computer or device to interface with the Service) without the prior written consent of the appropriate owner thereof. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any personal or commercial purpose whatsoever, without our express prior written permission. The materials made available on or through the Service are protected by copyright and other intellectual property rights. Except as set forth below, the use on any website or other environment of any material available on or through the Service is strictly prohibited.
Privacy.
The use of the LifeAt Services is also governed by the LifeAt Privacy Policy, which is incorporated into this Agreement by this reference.
Third-Party Services
Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=enWe also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Firebase
Firebase is an analytics service provided by Google Inc.You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=enFor more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Links to Other Websites.
For your convenience, the Service may contain links to other websites, such a link to an education institution or a sponsor (“client”). If you use these links, you will leave the Service. Certain of these linked websites may make use of LifeAt’s intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from LifeAt. LifeAt is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not LifeAt is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by LifeAt of the organizations sponsoring such third-party websites or their products or services. Except for any LifeAt property or content embedded in any third-party website, these Terms do not apply to any third-party website.
Termination.
LifeAt may terminate your use of the Service at any time at our sole discretion. Upon any such termination, you must destroy any material obtained from the Service and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, ownership, third-party copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, privacy, and jurisdictional issues shall survive any such termination.
Disclaimer.
LifeAt LLC is not responsible for any incorrect or inaccurate content posted on the LifeAt LLC Services, including whether caused by customers or by any of the hardware, software or functionality associated with or utilized in the LifeAt LLC Services. The LifeAt LLC Services may contain links to other websites. LifeAt LLC is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by LifeAt LLC. Inclusion of any linked website on the LifeAt LLC Services does not imply approval or endorsement of the linked website by LifeAt LLC. When you access these third-party sites, you do so at your own risk. LifeAt LLC takes no responsibility for the goods or services provided by third parties, including customers, sponsors, advertisers, strategic partners or affiliates. LifeAt LLC is not responsible for the conduct, whether online or offline, of any user of the LifeAt LLC Services. LifeAt LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any information on the LifeAt LLC Services. LifeAt LLC is not responsible for any problems or technical malfunction of any communications network or lines, online systems, servers or providers, hardware or software, due to technical problems or traffic congestion on the Internet or on any of the LifeAt LLC Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the LifeAt LLC Services. Under no circumstances shall LifeAt LLC be responsible for any loss or damage, including personal injury or death, resulting from use of the LifeAt LLC Services, attendance or participation in a LifeAt LLC event or promotion, from any content posted on or through the LifeAt LLC Services, or from the conduct of any users of the LifeAt LLC Services, whether online or offline. The LifeAt LLC Services are provided “AS-IS” and as available and LifeAt LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. LifeAt LLC cannot guarantee and does not promise any specific results from use of the LifeAt LLC Services.
Limitation of Liability.
IN NO EVENT SHALL LIFEAT LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE LIFEAT LLC SERVICES, EVEN IF LIFEAT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LIFEAT LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LIFEAT LLC FOR THE LIFEAT LLC SERVICES DURING THE TERM OF YOUR USE OF THE LIFEAT LLC SERVICES.TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: (A) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LIFEAT OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES, EVEN IF LIFEAT OR A LIFEAT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
Indemnity.
You will indemnify, defend, and hold harmless LifeAt, its affiliates, and their respective directors, officers, employees, and agents, from and against any claim, demand, action, class action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including attorneys’ fees) arising therefrom (“Claims”), brought by any third party that is based on, or arises out of: (a) your activities on or use of the Service; (b) your violation, or apparent violation, of any of these Terms; or (c) any allegation that any material you submitted to LifeAt violates any law or infringes any third party right, including any intellectual property or privacy right. You shall not settle any Claim unless such settlement completely and forever releases LifeAt from all liability with respect to such Claim or unless LifeAt consents to such settlement in writing.
Site Security.
You are prohibited from violating, or attempting to violate, the security of the Service, including without limitation to conduct a denial of service attack or other attack. Any such violations may result in criminal and/or civil penalties against you. LifeAt will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
Other.
By using the LifeAt LLC Platforms or any of the LifeAt LLC Services you agree that you have accepted this Agreement. This Agreement constitutes the entire agreement between you and LifeAt LLC regarding the use of the LifeAt LLC Services. The failure of LifeAt LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. LifeAt LLC and Experience Builder are trademarks of LifeAt LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Questions.
If you have any questions regarding these Terms, please submit your questions via an email to contact@lifeat.io. We will endeavor to respond to you promptly.
These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and LifeAt LLC (“Company“, “we”, “us”, or “our”), concerning your access to and use of LifeAt website’s http://lifeat.io or any LifeAt products, software, applications, data, imagery, models, functionality and/or services provided to you on, from, or through the LifeAt website (collectively, the “Service”). Using the Service indicates that you accept these Terms, Privacy, and any policies and guidelines of LifeAt incorporated herein by reference. If you do not accept these Terms or such policies or guidelines, you may not use the Service.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.
General.
The Service is owned and operated by LifeAt, LLC. LifeAt reserves the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the service after the date such revised Terms of Use are posted. The information provided is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Eligibility.
The Site is intended for users who are at least 16 years of age following COPPA standards. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using LifeAt services. If we learn that we have collected personal information through the Service from a child under 16 without the consent of the child’s parent or guardian as required by law, we will delete it.
Non-commercial Use by Users
The LifeAt LLC Services are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are endorsed or approved by LifeAt LLC. Illegal and/or unauthorized use of the LifeAt LLC Services, including without limitation collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the LifeAt LLC Platforms, is prohibited. LifeAt LLC reserves the right to pursue any and all remedies available at law or in equity in response to any illegal or unauthorized use of the LifeAt LLC Services.
Fees.
You acknowledge that LifeAt LLC reserves the right to charge fees for the use of the LifeAt LLC Services and to change such fees from time to time in its sole discretion. If LifeAt LLC terminates your use of the LifeAt LLC Services because you have breached this Agreement you shall not be entitled to any refund of any unused portion of such fees.
Prohibited Activities.
The following is a partial list of certain activities that are illegal or prohibited on the LifeAt LLC Platforms and through your use of the LifeAt LLC Services (“Prohibited Activities“). LifeAt LLC reserves the right to investigate and take appropriate legal action against anyone who LifeAt LLC believes (in its sole discretion) has violated this provision, including without limitation reporting such violation to law enforcement authorities. Prohibited activity includes but is not limited to:
1. criminal or tortious activity, pornography, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets. This includes sending, posting, uploading or otherwise transmitting to or through the Service any imagery, text or other content that is unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, discriminatory, violent, fraudulent, vulgar, pornographic, or otherwise objectionable
2. advertising, downloading content and using for personal or commercial use, or solicitation of, any user to buy or sell any products or services through the LifeAt LLC Services other than someone authorized by LifeAt LLC. This includes using any LifeAt content or 3rd Party 3d modeling viewer and embedding on any external site other than LifeAt.io or LifeAt websites or LifeAt apps, that is not authorized by LifeAt with permission. You may not transmit any chain letters or junk email to other users. It is also a violation of this Agreement to use any information obtained from the LifeAt LLC Services to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
3. any automated use of the system, such as using scripts to send comments or messages; interfering with, disrupting, or creating an undue burden on the LifeAt LLC Services or the networks or services connected to the LifeAt LLC Services.
4. using any information obtained from the LifeAt LLC Services in order to harass, abuse, or harm another person; or
b using the LifeAt LLC Services in a manner inconsistent with any and all applicable laws and regulations.
5. using or downloading any videos on our site and displaying it on another site or in another country.
Account Terms
No Use by Minors Under 16
Our Service is intended only for access and use by individuals at least sixteen (16) years old. By accessing or using any of LifeAt, you warrant and represent that you are at least sixteen (16) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least sixteen (16) years old, you are prohibited from both access and usage of Service.
Account Creation
When you create an account with us, you guarantee that you are above the age of 16, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.
You may not use as a username any name that is offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Video Chat and collaboration
Our video conferencing and collaboration tools does not store videos. Our services require us to ask users to access your device camera and microphone to enable video chats. We also may need to access your image files and other files on your device so you can share them with other Users on the Service.
Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at contact@lifeat.io
Referrals Terms
The LifeAt referral program ("Referrals") allows users to get access to "Premium" features for new users they refer to LifeAt. To participate, users must agree to these terms. The specific terms of each referral, including commission rate, promotional credits, and others, may vary.
Sharing Referral Links
Referrals should only be used for personal and non-commercial purposes. Referral links should not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia) or on blogs. Users are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. Members are prohibited from paying to advertise their referral links.
Severability
If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
Termination and Changes
LifeAt may suspend or terminate Referrals or a user’s ability to participate in it at any time for any reason. We reserve the right to suspend accounts or remove feature access if we notice any activity that we believe is abusive, fraudulent, or in violation of the LifeAt Terms of Service. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate. The scope, variety, and type of services and products that you may obtain by redeeming feature access can change at any time.
Updates to the Referrals Terms
We can update these terms at any time without prior notice. Continued participation in the Referrals program after any modification shall constitute consent to such modification.
User Content
1. When you upload any Content to the Service, you grant LifeAt a worldwide, non-exclusive, royalty-free license to publicly perform, publicly display, broadcast, make available, store and archive, and otherwise use such Content (in whole or in part) on and through our Service. Creators reserve the right to remove their supplied content at any time by messaging contact@lifeat.io. The LifeAt team will immediately remove the content from the platform and communicate with the creator the timeframe it will take to remove such content from the site.
2. You acknowledge and confirm that your Content will be made available to be viewed by the public on and through the LifeAt Service for viewing without providing you attribution or compensation.
3. You may not upload, post or transmit any Content that:
- Infringes any third party’s copyrights or other intellectual property rights, contract rights or any other rights of any person;
- Contains any pornographic, racist, defamatory, libelous or otherwise immoral, vulgar or obscene content;
- Depicts unlawful or violent, hateful or threatening or otherwise inappropriate acts;
- Offends, defames, harasses or otherwise damages LifeAt or any third party;
- Violates any law, statute, or regulation.
4. We reserve the right to remove any Content at any time if we believe it’s defective, of poor quality, or in violation of these Terms.
5. You represent and warrant that:
(i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) LifeAt will not need to obtain licenses from any third party or pay a compensation or royalties to any third party with respect to the Content; (iii) your Content does not infringe any third party rights (including in particular copyrights, neighboring rights, intellectual property rights, name rights, right of personality, rights of privacy, data rights or other property rights), and (iv) your Content complies with these Terms and all applicable laws.
6. When you upload any Content to the Service you also authorize us under your copyrights to enforce any violations of others. In other words, LifeAt is entitled to take appropriate measures to pursue the rights granted to us hereunder. You shall support us in the court or non-court assertion of the acquired rights, in particular by providing information, providing the necessary original documents and other documents, making or having made the necessary assignment of rights to LifeAt, as well as preparing any further declarations or documents which should be required or useful for the realisation of the license granted by you to LifeAt.
Ownership and Proprietary Rights
All LifeAt LLC source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us, sued based on third-party site policies, or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names (other than as needed for your computer or device to interface with the Service) without the prior written consent of the appropriate owner thereof. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any personal or commercial purpose whatsoever, without our express prior written permission. The materials made available on or through the Service are protected by copyright and other intellectual property rights. Except as set forth below, the use on any website or other environment of any material available on or through the Service is strictly prohibited.
Privacy.
The use of the LifeAt Services is also governed by the LifeAt Privacy Policy, which is incorporated into this Agreement by this reference.
Third-Party Services
Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. Google Analytics will collect data and connect other data we might have about the end user. We will not upload any data that allows Google to personally identify an individual (such as certain names, social security numbers, email addresses, or any similar data), or data that permanently identifies a particular device (such as a mobile phone’s unique device identifier if such an identifier cannot be reset). If we upload any data that allows Google to personally identify an individual, our Google Analytics account can be terminated.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=enWe also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Firebase
Firebase is an analytics service provided by Google Inc.You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=enFor more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Amplitude
MixPanel
MixPanel is an analytics service provided by Mixpanel Inc.Personal Data processed: Tracker; Usage Data.Place of processing: United States – Privacy Policy – Opt Out.Category of personal information collected according to CCPA: internet information.This processing constitutes a sale based on the definition under the CCPA. In addition to the information in this clause, the User can find information regarding how to opt out of the sale in the section detailing the rights of Californian consumers.
Hotjar
We use Hotjar in order to better understand our users’ needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our users’ experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. Hotjar stores this information on our behalf in a pseudonymized user profile. Hotjar is contractually forbidden to sell any of the data collected on our behalf. For further details, please see the ‘about Hotjar’ section of Hotjar’s support site.
Links to Other Websites.
For your convenience, the Service may contain links to other websites, such a link to an education institution or a sponsor (“client”). If you use these links, you will leave the Service. Certain of these linked websites may make use of LifeAt’s intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from LifeAt. LifeAt is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not LifeAt is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by LifeAt of the organizations sponsoring such third-party websites or their products or services. Except for any LifeAt property or content embedded in any third-party website, these Terms do not apply to any third-party website.
Termination.
LifeAt may terminate your use of the Service at any time at our sole discretion. Upon any such termination, you must destroy any material obtained from the Service and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, ownership, third-party copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, privacy, and jurisdictional issues shall survive any such termination.
Disclaimer.
LifeAt LLC is not responsible for any incorrect or inaccurate content posted on the LifeAt LLC Services, including whether caused by customers or by any of the hardware, software or functionality associated with or utilized in the LifeAt LLC Services. The LifeAt LLC Services may contain links to other websites. LifeAt LLC is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by LifeAt LLC. Inclusion of any linked website on the LifeAt LLC Services does not imply approval or endorsement of the linked website by LifeAt LLC. When you access these third-party sites, you do so at your own risk. LifeAt LLC takes no responsibility for the goods or services provided by third parties, including customers, sponsors, advertisers, strategic partners or affiliates. LifeAt LLC is not responsible for the conduct, whether online or offline, of any user of the LifeAt LLC Services. LifeAt LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any information on the LifeAt LLC Services. LifeAt LLC is not responsible for any problems or technical malfunction of any communications network or lines, online systems, servers or providers, hardware or software, due to technical problems or traffic congestion on the Internet or on any of the LifeAt LLC Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the LifeAt LLC Services. Under no circumstances shall LifeAt LLC be responsible for any loss or damage, including personal injury or death, resulting from use of the LifeAt LLC Services, attendance or participation in a LifeAt LLC event or promotion, from any content posted on or through the LifeAt LLC Services, or from the conduct of any users of the LifeAt LLC Services, whether online or offline. The LifeAt LLC Services are provided “AS-IS” and as available and LifeAt LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. LifeAt LLC cannot guarantee and does not promise any specific results from use of the LifeAt LLC Services.
Limitation of Liability.
IN NO EVENT SHALL LIFEAT LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE LIFEAT LLC SERVICES, EVEN IF LIFEAT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LIFEAT LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LIFEAT LLC FOR THE LIFEAT LLC SERVICES DURING THE TERM OF YOUR USE OF THE LIFEAT LLC SERVICES.TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: (A) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LIFEAT OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES, EVEN IF LIFEAT OR A LIFEAT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
Indemnity.
You will indemnify, defend, and hold harmless LifeAt, its affiliates, and their respective directors, officers, employees, and agents, from and against any claim, demand, action, class action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including attorneys’ fees) arising therefrom (“Claims”), brought by any third party that is based on, or arises out of: (a) your activities on or use of the Service; (b) your violation, or apparent violation, of any of these Terms; or (c) any allegation that any material you submitted to LifeAt violates any law or infringes any third party right, including any intellectual property or privacy right. You shall not settle any Claim unless such settlement completely and forever releases LifeAt from all liability with respect to such Claim or unless LifeAt consents to such settlement in writing.
Site Security.
You are prohibited from violating, or attempting to violate, the security of the Service, including without limitation to conduct a denial of service attack or other attack. Any such violations may result in criminal and/or civil penalties against you. LifeAt will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
Other.
By using the LifeAt LLC Platforms or any of the LifeAt LLC Services you agree that you have accepted this Agreement. This Agreement constitutes the entire agreement between you and LifeAt LLC regarding the use of the LifeAt LLC Services. The failure of LifeAt LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. LifeAt LLC and Experience Builder are trademarks of LifeAt LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Questions.
If you have any questions regarding these Terms, please submit your questions via an email to contact@lifeat.io. We will endeavor to respond to you promptly.
Account suspension and deletion
LifeAt reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at contact@lifeat.io
Referrals Terms
The LifeAt referral program ("Referrals") allows users to get access to "Premium" features for new users they refer to LifeAt. To participate, users must agree to these terms. The specific terms of each referral, including commission rate, promotional credits, and others, may vary.
Sharing Referral Links
Referrals should only be used for personal and non-commercial purposes. Referral links should not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia) or on blogs. Users are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. Members are prohibited from paying to advertise their referral links.
Severability
If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
Termination and Changes
LifeAt may suspend or terminate Referrals or a user’s ability to participate in it at any time for any reason. We reserve the right to suspend accounts or remove feature access if we notice any activity that we believe is abusive, fraudulent, or in violation of the LifeAt Terms of Service. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate. The scope, variety, and type of services and products that you may obtain by redeeming feature access can change at any time.
Updates to the Referrals Terms
We can update these terms at any time without prior notice. Continued participation in the Referrals program after any modification shall constitute consent to such modification.
User Content
1. When you upload any Content to the Service, you grant us a worldwide, non-exclusive, permanently, irrevocable, royalty-free license (with the right to sublicense) to reproduce, adapt and modify (incl. translation), distribute, publicly perform, publicly display, broadcast, make available, store and archive and otherwise use such Content (in whole or in part) on and through the Service.
2. You acknowledge and confirm that your Content will be made available to the public on and through the Service for personal use of third parties subject to these Terms without providing you attribution or compensation.
3. You may not upload, post or transmit any Content that:
- Infringes any third party’s copyrights or other intellectual property rights, contract rights or any other rights of any person;
- Contains any pornographic, racist, defamatory, libelous or otherwise immoral, vulgar or obscene content;
- Depicts unlawful or violent, hateful or threatening or otherwise inappropriate acts;
- Offends, defames, harasses or otherwise damages LifeAt or any third party;
- Violates any law, statute, or regulation.
4. We reserve the right to remove any Content at any time if we believe it’s defective, of poor quality, or in violation of these Terms.
5. You represent and warrant that:
(i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) LifeAt will not need to obtain licenses from any third party or pay a compensation or royalties to any third party with respect to the Content; (iii) your Content does not infringe any third party rights (including in particular copyrights, neighboring rights, intellectual property rights, name rights, right of personality, rights of privacy, data rights or other property rights), and (iv) your Content complies with these Terms and all applicable laws.
6. When you upload any Content to the Service you also authorize us under your copyrights to enforce any violations of the sublicense we grant in the Content to others. In other words, LifeAt is entitled to take appropriate measures to pursue the rights granted to us hereunder. You shall support us in the court or non-court assertion of the acquired rights, in particular by providing information, providing the necessary original documents and other documents, making or having made the necessary assignment of rights to LifeAt, as well as preparing any further declarations or documents which should be required or useful for the realisation of the license granted by you to LifeAt.
Ownership and Proprietary Rights
All LifeAt LLC source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us, sued based on third-party site policies, or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names (other than as needed for your computer or device to interface with the Service) without the prior written consent of the appropriate owner thereof. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any personal or commercial purpose whatsoever, without our express prior written permission. The materials made available on or through the Service are protected by copyright and other intellectual property rights. Except as set forth below, the use on any website or other environment of any material available on or through the Service is strictly prohibited.
Privacy.
The use of the LifeAt Services is also governed by the LifeAt Privacy Policy, which is incorporated into this Agreement by this reference.
Third-Party Services
Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=enWe also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Firebase
Firebase is an analytics service provided by Google Inc.You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=enFor more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Links to Other Websites.
For your convenience, the Service may contain links to other websites, such a link to an education institution or a sponsor (“client”). If you use these links, you will leave the Service. Certain of these linked websites may make use of LifeAt’s intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from LifeAt. LifeAt is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not LifeAt is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by LifeAt of the organizations sponsoring such third-party websites or their products or services. Except for any LifeAt property or content embedded in any third-party website, these Terms do not apply to any third-party website.
Termination.
LifeAt may terminate your use of the Service at any time at our sole discretion. Upon any such termination, you must destroy any material obtained from the Service and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, ownership, third-party copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, privacy, and jurisdictional issues shall survive any such termination.
Disclaimer.
LifeAt LLC is not responsible for any incorrect or inaccurate content posted on the LifeAt LLC Services, including whether caused by customers or by any of the hardware, software or functionality associated with or utilized in the LifeAt LLC Services. The LifeAt LLC Services may contain links to other websites. LifeAt LLC is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by LifeAt LLC. Inclusion of any linked website on the LifeAt LLC Services does not imply approval or endorsement of the linked website by LifeAt LLC. When you access these third-party sites, you do so at your own risk. LifeAt LLC takes no responsibility for the goods or services provided by third parties, including customers, sponsors, advertisers, strategic partners or affiliates. LifeAt LLC is not responsible for the conduct, whether online or offline, of any user of the LifeAt LLC Services. LifeAt LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any information on the LifeAt LLC Services. LifeAt LLC is not responsible for any problems or technical malfunction of any communications network or lines, online systems, servers or providers, hardware or software, due to technical problems or traffic congestion on the Internet or on any of the LifeAt LLC Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the LifeAt LLC Services. Under no circumstances shall LifeAt LLC be responsible for any loss or damage, including personal injury or death, resulting from use of the LifeAt LLC Services, attendance or participation in a LifeAt LLC event or promotion, from any content posted on or through the LifeAt LLC Services, or from the conduct of any users of the LifeAt LLC Services, whether online or offline. The LifeAt LLC Services are provided “AS-IS” and as available and LifeAt LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. LifeAt LLC cannot guarantee and does not promise any specific results from use of the LifeAt LLC Services.
Limitation of Liability.
IN NO EVENT SHALL LIFEAT LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE LIFEAT LLC SERVICES, EVEN IF LIFEAT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LIFEAT LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LIFEAT LLC FOR THE LIFEAT LLC SERVICES DURING THE TERM OF YOUR USE OF THE LIFEAT LLC SERVICES.TO THE EXTENT PERMITTED UNDER APPLICABLE LAW: (A) UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LIFEAT OR ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES, EVEN IF LIFEAT OR A LIFEAT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
Indemnity.
You will indemnify, defend, and hold harmless LifeAt, its affiliates, and their respective directors, officers, employees, and agents, from and against any claim, demand, action, class action, investigation or other proceeding, including but not limited to all damages, losses, liabilities, judgments, costs and expenses (including attorneys’ fees) arising therefrom (“Claims”), brought by any third party that is based on, or arises out of: (a) your activities on or use of the Service; (b) your violation, or apparent violation, of any of these Terms; or (c) any allegation that any material you submitted to LifeAt violates any law or infringes any third party right, including any intellectual property or privacy right. You shall not settle any Claim unless such settlement completely and forever releases LifeAt from all liability with respect to such Claim or unless LifeAt consents to such settlement in writing.
Site Security.
You are prohibited from violating, or attempting to violate, the security of the Service, including without limitation to conduct a denial of service attack or other attack. Any such violations may result in criminal and/or civil penalties against you. LifeAt will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
Other.
By using the LifeAt LLC Platforms or any of the LifeAt LLC Services you agree that you have accepted this Agreement. This Agreement constitutes the entire agreement between you and LifeAt LLC regarding the use of the LifeAt LLC Services. The failure of LifeAt LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. LifeAt LLC and Experience Builder are trademarks of LifeAt LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Questions.
If you have any questions regarding these Terms, please submit your questions via an email to contact@lifeat.io. We will endeavor to respond to you promptly.
