The following describes LifeVault's requirements for using our software, services, websites, and mobile services:
Please read the complete agreement that follows:
Welcome to Picnic Labs Inc.'s website. These Terms of Service govern your use of meetlifevault.com, other properties in the meetlifevault.com domain and co-branded websites (collectively, the "Site"), any LifeVault software, including co-branded versions, downloaded from this Site or obtained elsewhere (the "Software"), and the services made available on the Site or through use of the Software (the "Services"). By using the Services or Software or visiting or browsing the Site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service and any modifications that may be made to the Terms of Service from time to time. In addition, to the extent our Services require you to set up an account, if you are the person who registers for a Service, you agree to be responsible for ensuring that all users on your LifeVault account comply with these Terms of Service and any modifications that may be made to the Terms of Service from time to time. If you do not agree to these Terms of Service, you should not use the Services or Software or visit or browse the Site. These Terms of Service constitute a binding legal agreement between you and Picnic Labs Inc. ("LifeVault," "we," "us," and "our"). Please read them carefully before accessing or using the Site, the Software, or the Services.
We reserve the right to modify these Terms of Service at any time and in any manner at our sole discretion, including the right to charge for the Software or Services. Notice of any modification of these Terms of Service will be posted in this section of the Site, and any such modifications will be effective upon the posting of such notice. Your continued use of the Site or the Services constitutes your binding acceptance of such modifications. Please check this section of the Site before using the Site, the Services or the Software to determine whether a change has been made to these Terms of Service. If you do not agree to any changes in the Terms of Service as they may occur, please arrange to terminate your registration with the Site immediately and discontinue your use of the Service, Software, and the Site. You agree that we are not liable to you or to any third party for any modification of the Terms of Service.
By registering for any Service or maintaining an account, you agree that you are at least 18 years old. You may, however, add a user to your account who is younger than 18 years old, but only if you are such user's parent or legal guardian. You agree to provide true, accurate, current, and complete information about yourself as prompted by any registration form for the Site, Services, or the Software (such information being the "Registration Data"), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Services, the Site, or the Software. You are responsible for maintaining the confidentiality of your account and shared password and for restricting access to your computer. You are solely responsible for any activity related to your account. If you suspect any unauthorized use of your account, notify us immediately. You acknowledge and agree that we may preserve user information and may also disclose user information if required to do so by law or if we believe in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content (as defined below in Section 4) violates the rights of third parties; or (d) protect the rights, property, or personal safety of LifeVault, its users, or the public.
You may become a registered user of the Site, Software, and Services at no cost. As a registered user, you will have the ability to participate in some, but perhaps not all, of the features and functionality available at the Site or as part of the Software and Services. In order to access additional features and functionality, you may need to become a Premium subscriber to the Site, Software, and Services for a fee. In the event that Premium subscriptions are offered to users (each, a "Premium Subscription"), a description of the current Premium Subscription and associated fees will be made available to you at the Site or through the Software. We reserve the right to adjust the monthly fees or terms of our Premium Subscriptions at any time for any reason; provided that once you are a Premium subscriber, the fees shall be charged in accordance with your subscription terms, subject to adjustment only at the end of the committed subscription period. The Premium Subscription policies that are made available to you in connection with your decision to become a Premium subscriber are deemed part of these Terms of Service and are incorporated by this reference. In order to be able to purchase a Premium Subscription, you must, in addition to the requirements herein, register with us or our designated third-party payment provider with a valid, accepted, credit card or other payment method that we, in our sole discretion, elect to accept as payment.
Picnic Labs and LifeVault are subject to Canadian data protection law.
In the Amazon Cloud and on Firebase, the following data in particular can be stored and edited in connection with LifeVault: Information about the user account such as username, e-mail address, profile photo, country, language, user ID and (in encrypted form) password; Information on the smartphone used and the Internet connection used, such as device ID ("device token") and IP addresses; User Settings; Information about invitations to other LifeVault users, email notifications, and other messages such as sender and recipient email addresses, and the status of messages; Information about the current location of the smartphone used, such as current coordinates or data on nearby shops; Information about any paid features, such as the App Store used and the expiration date of subscriptions.
For continuous improvement, LifeVault analyzes the use of LifeVault with Google Analytics, an offer by Google, Inc. (hereafter "Google") in the United States, as well as Fabric for stability reports, and Tenjin and Amplitude for usage analysis and download attribution. The analysis is done anonymously and aggregated, that means it is done by Picnic Labs no Assignment to individual users. The transmission of the corresponding data, including personal data, including IP addresses, is encrypted. Details of each service can be found in their privacy policies. The user expressly agrees to the data processing in the USA.
Amazon, Google, Fabric, Tenjin, Amplitude, etc. have all committed themselves under EU standard contractual clauses to ensure an adequate level of data protection, which is comparable to EU data protection law.
The Site, the Software, and the Services may allow you and other third parties to post data, text, code, help, opinions, advice, statements, reviews, comments, photographs, and other materials and information that will be accessible by visitors to and members of the Site ("Public Content"). The Site and Services may also allow you to post data, text, code, help, opinions, advice, statements, reviews, comments, photographs, and other materials and information that will be accessible only to you and other members specifically designated by you ("Private Content"); (Public Content and Private Content collectively, "User Content"). All User Content, whether publicly posted on or privately transmitted via the Site, the Software, or the Services, is the sole responsibility of the person from whom the User Content originated and not of LifeVault, or its shareholders, directors, officers, or employees. LifeVault may review and delete any User Content, in whole or in part, that in the sole judgment of LifeVault violates these Terms of Service or that might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will LifeVault or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on User Content obtained through the Site, the Software, or the Services. It is your responsibility to evaluate the User Content available through the Services, the Software, or the Site. Although User Content will not be pre-screened or reviewed, we reserve the right to refuse or delete any User Content.
We may and will make efforts to, but have no obligation to, remove User Content and accounts containing User Content that we determine in our sole discretion to be unlawful, offensive, abusive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or other rights, or these Terms of Service. While we prohibit offensive and unlawful conduct and content on our Site, you understand and agree that neither LifeVault nor its Partners is responsible or liable for the User Content posted on the Site. You may be exposed to such materials and agree to use the LifeVault Site at your own risk. LifeVault reserves the right to discontinue any aspect of the LifeVault Site at any time, including discontinuing any linked or embedded User Content either generally or in specific cases.
LifeVault is a registered trademark of Picnic Labs Inc. in Canada. The LifeVault logo is a trademarks of Picnic Labs Inc. in Canada. All graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Picnic Labs Inc. Any trademarks not owned by Picnic Labs Inc. that appear on the Site or the Software are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Picnic Labs Inc. All content and compilation thereof on the Site or the Software, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and the Software, is the property of Picnic Labs Inc., its licensors, or its product suppliers, and is protected by Canadian and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
Subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to install and use one copy of the Software on an unlimited number of personal computers solely to use the Service to the extent you have the right to access the Service. Your right to access the Service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The Software is protected by applicable intellectual property laws, including Canadian copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software; (b) rent, lease, or sublicense the Software; nor (c) circumvent or disable any security or technological features or measures in the Software. When you post Public Content, you hereby grant (or warrant that the owner of the Content grants) us a royalty-free, perpetual, irrevocable, fully sub-licensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Public Content for any purpose and without acknowledgement to you. By posting or providing Public Content, you represent and warrant that public posting and use of your Public Content by us will not infringe on or violate the rights of any third party.
The Services are for the personal use of members. You agree not to use the Site, the Software, or the Services to:
The Site, Software and Services include mobile features that allow you to access information in your account from your mobile phone. Message and data rates may apply.
The Software contains a feature that allows it to automatically update to incorporate new versions of the Software. If you interrupt or disable this feature, your copy of the Software may not operate correctly. The Software may contain a feature that is used to automatically disable the Software to ensure that you do not use the Software longer than the term of your license to use the Software or your subscription to use the Services. You acknowledge that upon the expiration of your license to use the Software, and if LifeVault has not granted you an extension, the Software may cease to function in some or all respects, and you may lose access to the Services and data made with or stored using the Software. You acknowledge that the disabling of the Software is a key feature of the license rights and responsibilities conveyed under this Agreement.
These Terms of Service will remain in full force and effect while you use the Site, Services or Software unless otherwise terminated as set forth in this section. You may terminate your membership at any time, for any reason, by contacting us at email@example.com. You agree that LifeVault, in its sole discretion, may terminate your password, account (or any part thereof), and use of the Site, the Software, and the Services, and remove and discard any Content within the Site, for any reason, including, without limitation, for lack of use or if LifeVault believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service, including failing to deliver payment for any Premium Subscriptions purchased by you within the required time. LifeVault may also in its sole discretion and at any time modify or discontinue providing the Site or the Services, or any part thereof, with or without notice. You agree that any modification or termination of your access to the Site, the Services, or the Software may be effected without prior notice, and you acknowledge and agree that LifeVault may immediately deactivate or delete your account and all related information and User Content in your account and bar any further access to such information or to the Site or the Services. You agree that LifeVault shall not be liable to you or any third party for any modification or termination of your access to the Site or the Services, or for your inability to recover any User Content.
The Site, the Services (including all Content), and the Software are provided "as is"; LifeVault makes no representations or warranties of any kind with respect to the Software, the Services, the Content, the Site, or any contents therein. LifeVault assumes no liability or responsibility for any errors or omissions in providing the Software, the Services, the Site, or the Content, any losses or damages arising from the use of the Content, or any conduct by users of the Site. LifeVault expressly disclaims all representations and warranties relating to the software, the services, the content, and the site, including but not limited to, warranties of merchantability, fitness for a particular purpose, quality, accuracy, authenticity, title and non-infringement. In addition, LifeVault does not represent or warrant that the information on or accessible via the Site or through the Services is complete or current.
LifeVault and its affiliates', suppliers', and their respective officers', directors', shareholders', employees', and agents' liability under these Terms of Service are limited to direct, objectively measurable damages. LifeVault and its affiliates, suppliers, and their respective officers, directors, shareholders, employees, and agents will not be held liable for any indirect or speculative damages (including, without limiting the foregoing, consequential, incidental, and special damages) including, but not limited to, loss of use, business interruptions, and loss of profits, regardless of whether these parties had advance notice of the possibility of any such damages. LifeVault and its affiliates', suppliers', and their respective officers', directors', shareholders', employees', and agents' total liability to you for any claim arising out of or relating to the software, the services, the content, the site, premium subscriptions, or these terms of service, whether in contract or in tort, shall not exceed $100. Each provision of these terms of service that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms of service between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms of service. The limitations in this section will apply notwithstanding the failure of essential purpose of any limited remedy under these terms of service. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
From time to time, LifeVault may post, publish, distribute, present for download or otherwise make available Beta versions or portions of its Site, Service or Software ("Beta Software") for public use. Beta Software may be identified as Beta, Beta 2, Beta 3, or Public Beta in the Site, Service or Software. Beta Software is available to the public for testing and evaluating purposes as part of the software development process. As a user of Beta Software you are encouraged, but not required, to identify potential errors and improvements ("Feedback"). You hereby grant LifeVault the unrestricted right to use your Feedback, including the right to use your Feedback to improve the Software, Site or Service and to create other products and services. There are risks associated with using Beta Software. Beta Software has not yet been tested like other commercially released software that you may use. Therefore, it is likely that the Software will contain errors, including errors that may cause the Software or your computer to malfunction or cause a loss of data. If you do not wish to accept these risks, please do not install or use the Beta Software. Furthermore, LifeVault is not obligated to correct errors or correct the effects of errors (e.g., fix your computer or recover lost data) or provide any technical support related to use of Beta Software.
You agree to indemnify and hold LifeVault, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of, resulting from or connected with the use, modification, misinterpretation, misuse, or reuse by you of the Software, the Site, the Services, or Content, including without limitation these Terms of Service.
The Site, Software and Services display advertisements. We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. LifeVault IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. Your correspondence or business dealings with, or participation in promotions of, other users, advertisers, or partners found on or through the Site or the Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site or the Services.
These Terms of Service and your relationship with LifeVault shall be governed exclusively by, and will be enforced, construed, and interpreted exclusively in accordance with, the laws applicable in the province of British Columbia, Canada and shall be considered to have been made and accepted in British-Columbia, Canada, without regard to its conflict of law provisions. All disputes under this Agreement will be resolved by the courts of British Columbia in Vancouver. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.
In the event that you have a dispute with one or more users of the Site or the Services, you release LifeVault (and our officers, directors, agents, subsidiaries, parent corporation, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
LifeVault respects the intellectual property rights of others, and requires that the people who use the Software, the Site and the Services do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on the Site or the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
If we receive such a claim, we reserve the right to refuse or delete Content as described under these Terms of Service and to terminate a user's account.
Our designated agent to receive notification of claimed infringement is:
Picnic Labs Inc.
604-55 Cordova St E
ATTN: Copyright Infringement
After receiving a claim of infringement, we will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws. Upon receipt of notices we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
Upon receipt of a proper counter notification we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Site or the Services, we will replace the removed material and cease disabling access to it.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
You may not export or reexport the Software without (a) the prior written consent of LifeVault; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.
LifeVault's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Services, you consent to receiving electronic communications from LifeVault. These communications will include notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. LifeVault is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms of Service compose the entire agreement between you and LifeVault and supersede all prior agreements between the parties regarding the subject matter contained herein.
Please direct any questions regarding these Terms of Service to firstname.lastname@example.org.