The sentry of your wellness

Terms of Services

Last updated: 04.08.2014

Welcome to the world of GapiGO applications.

All applications and services are published by the company N-Gine Innovation, LLC with capital of 100,000 euros, whose registered office is at 35 Chemin de la Font Sorbier CLARENSAC 30870, registered with the RCS Nîmes (France) under the number 498 275544.

Please read the Terms of Use, print and keep a copy.

The confidentiality of your personal information is important, we are very committed to protecting it. Thank you to read the Privacy Policy page for more details.

1. Definition

Words and expressions below marked with a capital letter have the following meanings :

The "Applications" digital content are offered for viewing or downloading to the User by the Company N-Gine Innovation. This software is developed by the company N-Gine Innovation. These applications support the Service;

The "Account" is a strictly personal space, created by the user when registering on the Site, to access it to the Service;

The "Interface" is a display to use the full functionality of the application;

The "Smartphone" is a smart phone last generation;

The "Provider" or "GapiGO" or "we" is the company N-Gine Innovation that provides the Service;

The "Service" (i) is the platform to access the product interface (Applications and websites), passing by some Smartphone, or (ii) the platform to access the Product Interface through the Site, or (iii) the platform to get the software to be integrated in the product, or (iv) the platform to install the product from a computer, or (v) the platform to access the Site;

The "Site" is the website or access through applications;

The "Tablet" is a touch tablet;

The "User" or "you" is the person registered on the site who visits or uses the Service.

2. Purpose

These Terms of Service are intended to define the contractual relationship between the Provider and the User.

3. Free of GapiGO

The service is provided free of charge to users.

However, N-Gine Innovation can offer paid options, and reserves the right to decide whether a change in price later. This rate change will first be sent to the email sent by users to the address when creating the user account and each user will have the freedom to purchase or not to the new offer.

N-Gine Innovation makes no representation as to the sustainability of its free service.

4. Acceptance

To access the Service, the User must register on the Site or via application by creating an account. Recording on the Site or Application requires the prior consultation and unconditional acceptance by the User of the present general conditions of use.

If the User does not wish to accept these Terms and Conditions of use, it must absolutely refrain from using the Services.

5. Access to Service

Unless otherwise specified, the Services are available only to legal entities or natural persons over 13 years.

Persons holding parental authority over a minor acknowledge to be aware that the nature or form of certain information through the use of the solutions by the latter, could be not be appropriate for consultation by minor. They are therefore invited to monitor the use made by the minor's access to solutions.

To access the Service, the User must create - from the site or application - an account protected by a password. The User agrees to provide true, accurate and complete, and to keep them updated regularly. The Registered User shall then be identified to access the Service. To use the Service, you must have a computer with internet connection or a smartphone, also connected to the internet. Any costs associated with obtaining internet connection are the sole responsibility of the User. N-Gine Innovation assumes all responsibility:

• in case of interruption, bugs or other events making it unsuitable Service for use;
• in the event of inadequate Smartphone computer's operating system or the Customer with the Service;
• and more generally for any direct or indirect damage, whatever the cause or nature resulting from the use of the Service or the Site.

The Provider reserves the right, in its sole discretion, to suspend temporarily, indefinitely or deny access to the Service to the User, in case of non-compliance with these Terms of Use or for any other reason. In case of suspension of the Service, even temporary, these Terms of Use shall remain applicable.

6. Service Content

The Service allows the User:

• to access the Product Interface through some Smartphone / tablet;
• to access the Product Interface via the Site;
• to get the software to integrate into the Product;
• to access the Site, including: in the window at the store, community spaces, the User support, etc.

The User acknowledges that use of the Service or Products may require the use of other products or hardware and software, and that the responsibility for such hardware and software is the responsibility of the user.

SERVICES AND PRODUCTS WHICH WILL HAVE ACCESS USER:

• BEINGS ARE USED TO UNIQUEMEMENT FOR PERSONAL, NON-COMMERCIAL;
• SHOULD NOT BE SUBJECT TO CRITICAL USE CASE. DETERMINATION OF BEING CRITICALITY laisee AU BON JUDGMENT OF SERVICE.

7. Amendment of the Service or Product

The Service Provider may, at its discretion and without prior warning, modify, add or remove features of the Service or the Product.

8. Account Terms of use

8.1 The User is solely responsible for maintaining the confidentiality of their password, and actions that are performed on his Account. The User shall disclose to anyone the information about their account or use the account of a third party.

8.2 Restrictions of use:

• It is forbidden to post or share photos of acts of violence or torture of being alive;
• It is forbidden on the entire Site and Application of making remarks racist or violent, and uttering some kind of threat whatsoever to others;
• It is forbidden to post or share photos with pornographic, pedophile, or other sexual nature involving human beings, whether totally or partially naked.
• We specifically invite comments or report any pictures or other content likely to offend the sensibilities of users of the Site or Application.
  
  Following the request of governing authorities, among others, the rights to the image, the right to intellectual property rights to artistic property, Copyright, and at the request of representatives of the law, we can at any time delete a photo, comment, or other account data without notice.

9. Protection of Personal Data in accordance with the law

The collection and processing of personal data, carried out on the occasion of navigation on the Site or use the Service or the Products are made in accordance with Law No. 78-17 of 6 January 1978 on the data, files and liberties, "Informatique et Libertés" legislation. N-Gine Innovation declared to CNIL processing of personal data (number: 1733960 0 V).

At any time, you have a right to access, modify, rectify and delete data concerning you. To exercise this right, simply send your request by mail to the address of the registered office of the company N-Gine Innovation:

N-Gine Innovation
35 Chemin de la Font de Sorbier
30870 CLARENSAC

9.1. Personal Information We Collect

When the user interacts with GapiGO through the Services or the Site or applications, Personal Data and other information can be collected, as detailed below:

Data to the inscription GapiGO collection of personal data at the time of creation of account on the Site. The Service does not collect credit card information or other financial information.

Personal data using the Service and Products: Au moment de l'utilisation du Service ou des Produits, le Prestataire collecte des Données Personnelles. When using the Service or Products, the Provider collects Personal Data. For example, the collection of weight data and body composition indicators; the mood of the user, etc.

By voluntarily providing Personal Data to the Provider, the User agrees to their use in compliance with this document. If the User provides personal data, he agrees that this information may be transferred outside of their country of residence particular regarding the domiciliation of hosting servers.

Other information: For statistical purposes, the GapiGO site may be required to collect navigation information through including the use of cookies. The acceptance of these cookies is compulsory for all creation account. The Provider reserves the right to collect certain information: - related to the visitor's computer (IP, ISP, hardware configuration, software configuration, country of origin) for the Service (log and history of all trade data log and connection history). It is important to note that no Personal Data is collected or used in this phase.

9.2. Use of Personal Data and other information

GapiGO uses the Personal Data you provide in compliance with this Privacy Policy. The Provider will therefore use Personal Data in the context of this document, including without limitation in the following settings:

• Provision of Service: The Service Provider will use your Personal Data to provide the User access to and use of the Service;
• Surveys, contests and events: From time to time, the Provider can offer users the opportunity to participate in surveys, contests and other events. By choosing to participate, the user must provide certain Personal Data Provider;
• Contact about new Products or Services: From time to time, GapiGO may contact the User to announce the release of its new products or services;
• Contact about special offers GapiGO: If the user has chosen at the time of registration, the Provider may contact in order to present special offers GapiGO;
• Contact about GapiGO partners offers:If the user has selected at the time of registration, the Provider may contact to submit to GapiGO partners;
• Improved Service: The Service Provider may use Personal Data Personal Data aggregated or non-personal information collected on the use of the Site, to help improve the Service, the Products or the Website;
• Shares to third parties at the initiative of the user: As part of the services offered, the optional GapiGO allows sharing of personal data to partner service providers. This sharing is enabled solely the User's initiative and implies acceptance by the User of access to their Personal Data by the third party. The use of personal data by the third party provider is the sole responsibility of the provider and the user. GapiGO disclaims all liability.
• Exploitation of anonymized data: As part of services offered, GapiGO can use anonymized data including:
  • Create and publish general statistics about the Services and Applications, surveys and polls.
  • Provide statistical information to users to help them achieve their goals, motivate and inform.

9.3. Links to other websites

The Site may contain links to third party websites that are not controlled by the Service Provider. The confidentiality rules of this document does not apply to these third-party sites.

9.4. Security

The personal data collected by GapiGO are protected by physical and logical security measures and are not disclosed to unauthorized persons

9.5. Changing the rules of confidentiality

The Service Provider reserves the right to modify all or part of the Privacy Policy Service without notice. Use of the Service by the User is full acceptance of any changes made to this Privacy Policy. If you have any questions regarding GapiGO Privacy Policy, please feel free to contact us contact@ngine-innovation.com

10. Community Services

The User is responsible for the information, messages, and, in general, any content broadcast via Community Services. The responsibility for N-Gine Innovation can in no case be engaged as to what / images / content distributed by users on social networks, by email, SMS, MMS or other means of sharing content. The user remains responsible for the information / content it broadcasts. You agree that N-Gine Innovation remove, in whole or in part, any content that broadcast interactive services, if this content is likely to undermine the laws and regulations or morality.

11. Intellectual Property Rights

All texts, photos, logos, brands and other elements reproduced on the Site are reserved and protected by the law of intellectual property for the whole world.

Neither any user or a third party to reproduce, distribute, sell, modify, use, license all or part of one of the items displayed on the site except by agreement of the Provider.

Any unlawful use of all or part of the Site may result in criminal prosecution.

12. Obligations du Client

The User agrees not to practice any of the following prohibited activities:

• attempt to use or access the Service via an account over which he has no right;
• modify the supplied software, where applicable, by the Service Provider to access the Service and not to use modified versions of the software and in general not be accessed illegally and not expressly permitted by the provider;
• use the Service for purposes contrary to all current regulations and does not infringe the rights of third parties;
• use the Service as to cause damage, disruption, decreased performance or damage to its operation;
• undertake actions that can or could, in the judgment of the Contractor, causing an unreasonable or disproportionately large load increase in our infrastructure;

13. Changes to Terms of Service

The Service Provider reserves the right to modify all or part of the Terms of Service without notice.

Use of the Service by the Customer is full acceptance of any future revision to these Terms of Use.

14. Guarantees

The User expressly acknowledges and agrees that the Service Provider:

• does not guarantee that the Services will be uninterrupted or error;
• can not assure the accuracy of the information provided by the Service.

15. Liability

The User expressly acknowledges and agrees that the Service Provider:

• and occasionally may temporarily interrupt the Service to conduct maintenance or updating, although this can not engage in any way the responsibility of the Provider;
• shall in no event be liable for any damages whatsoever, whether caused directly or indirectly by the Services and Applications
• ne pourra en aucun cas être tenu responsable des dommages et pertes de données subies par l'Utilisateur. Il appartient donc à l'Utilisateur de prendre toutes les mesures appropriées de façon à protéger ses propres données ou logiciels de la contamination de son matériel par d'éventuels virus circulants sur le réseau Internet ;
• will in no way be held responsible for damages or losses of data by the User. It is up to the user to take all appropriate measures to protect their own data or software from contamination of their equipment by possible viruses circulating on the Internet;

16. Medical disclaimer

It is up to the user to take the necessary precautions to make sure it is healthy and is physically able to follow the advice / content / training offered on the applications and the site GapiGO.

Thus, the user declares to have no medical indication against-given the practice of one or more physical activities, not suffering from any disease and track medical treatment.

17. Governing Law

These Terms of Use are governed by French law.

Any dispute arising out of these Terms shall be within the exclusive jurisdiction of the competent French courts.