Goalify User Agreement

Deutsche Version

Latest Changes:

  • August 3rd, 2015: English Version added
  • May 24, 2018: Adoptions due to new regulations introduced by the GDPR. Our User Agreement and Privacy Policy have been separated for better readability

I/ General Provisions

By downloading this application, or by using a connected service, the user agrees to the stipulations outlined below; these are valid both for the current version of the application as well as for any features made available in the future. The user also agrees to our privacy policy.

1/

Goalify, or a connected service, is an application for managing personal goals and activities. Specifically, it allows the user to do the following:

  • define goals and their related activities,
  • monitor compliance with these goals and activities,
  • record progress in adhering to the set activities,
  • receive support from the application through alerts concerning completion of individual activities,
  • collaborate with other users via groups,
  • compare personal progress with other group members,
  • exchange messages with other group members,
  • connect to a coach,
  • let connected coaches create, administer and monitor goals on a user’s behalf, and
  • exchange messages with connected coaches.

2/

The user is solely responsible for the goals and activities that he or she administers with Goalify, or a connected service, and has been expressly informed of the following:

Goalify, or a connected service, neither assesses nor evaluates the reasonableness, appropriateness or achievability of the goals specified by the user, and likewise the application does not assesses or evaluates the reasonableness, appropriateness or achievability of the activities specified by the user.

At no time does onebytezero GmbH or the employees of onebytezero GmbH accept any liability for any results stemming from the use of this application, or a connected service.

3/

To the extent that the user administers physical activities with this application, he or she has the responsibility to obtain a physician’s advice concerning the suitability of the activities for the individual user. Goalify, or a connected service, is neither capable of nor obliged to check the goals managed by the user for individual suitability or attainability.

4/

The user agrees not to manage goals or activities that violate legal, ethical, religious, health or social rules. If the user acts in a way contrary to this obligation, he or she can immediately be blocked from further use of the application, or a connected service, without advanced notice.

5/

The user agrees not to post messages or photos with any of the following characteristics via the integrated message system or the user forum made available by onebytezero:

  • Insulting, libelous, indecent, obscene or pornographic, aggressive, harmful, threatening, bullying, abusive, hateful, fraudulent or misleading
  • Legally constituting harassment
  • Contains personal and/or private information about another person
  • Causing harm to the individual rights or property rights of another person, including the unauthorized publication of protected content, protected trademarks and intellectual content
  • Containing petitions, requests for the signing of petitions, chain letters or advertisement of any kind
  • Calls on other users to divulge the personal information of users or to seek out such information about other users
  • Containing viruses or other destructive or damaging elements
  • Contradicting the goals of onebytezero for the use of the application, or is categorized as unacceptable for another reason

onebytezero is authorized to take action against those violating these rules and to take any action necessary to ensure compliance with these rules, including the recording of all communication within the application as well as on all other communication platforms made available by onebytezero.

6/

The application is provided on an “as is” basis. No specific outcomes have been agreed upon, and additionally, no claim has been made concerning the continuous error-free operation or uninterrupted operation. No agreement has been made concerning the dependability or accuracy of the results. No agreement has been made concerning the loss of data. It is the obligation of the user to monitor the plausibility of the results and to inform onebytezero of any related deviation. If possible, and involving a reasonable amount of labor and time, onebytezero will make efforts to remedy identified deficiencies.

No communication coming from onebytezero, whether provided verbally or in written form, will result in any liability on the part of onebytezero or the employees of onebytezero if such liability is not expressly specified in this agreement.

As the user, you understand and accept that onebytezero bears no responsibility for the following:

  • For any direct damage, indirect damages, unintentional damages or consequential damages without regard to perceived responsibility
  • This includes but is not limited to lost profits, whether direct or indirect, harm to personal or business image or reputation, data loss, costs of replacement or acquisition of alternative services along with any form of immaterial damages
  • For any decisions made that are based on reliance on the accuracy and dependability of the data provided by Goalify
  • For changes made to the application for technical or development purposes
  • For the failure of the software, or aspects of the software
  • For the destruction of or damage to user data, or the failure to save data that the user has entered into the program
  • For data falsely entered by the user
  • For user issues in terms of maintaining the security and secrecy of his or her personal data and/or password

7/

The user must be at least 16 years of age and deemed legally competent. Those under 16 years of age, as well as those lacking legal competence, are only allowed to use Goalify, or a connected service, under the supervision and/or guidance of their parents or other responsible parties.

8/

In order to use the program, or a connected service, provision of certain personal information may be required as part of the registration process. The user is responsible for the accuracy and validity of this information. The user is solely responsible for the security of his or her password. onebytezero cannot be held responsible for errors and/or misuse arising from a user’s failure to keep his or her account information and/or password valid and secure.

9/

The user will use the application only via the provided interface and will not attempt to operate or disable the application through automatization. He or she will neither decode the application nor use any part of the application as a template for the creation of his or her own applications.

The user may not copy or alter the application, use it in the creation of applications, decompile, reverse engineer or otherwise extract the source code of the application or a part of the application if such has not been expressly agreed upon in writing with onebytezero.

10/

If a user make his or her email address available to another user in order to establish contact regarding common interests or goals, then such address may only be used expressly for this purpose. In no event is content to be transmitted that infringes on the rights of others or is harassing, racist, sexist, pornographic or illegal.

11/

The user is only authorized to use the application, or a connected service, for the personal purposes for which it has been made available. He or she may not duplicate, publish, alter or in any other way use the application, in its entirety or in part, including documentation or text, in any way that is other goes beyond personal use. The rights of use may neither be transferred nor resold.

12/

onebytezero is authorized to suspend use of the application without notice should any of these rules be violated and or in cases of actions deemed irresponsible by onebytezero. For damages arising from violation of one or more of these rules or damages that arise through actions contradicting the goals of the application, onebytezero has the right to take legal action against the responsible user or users.

13/

The user acknowledges and agrees that onebytezero owns all legal rights in terms of the content, branding, graphics and design elements of Goalify, whether these are legally registered or not. Without express approval, no user is permitted to use the wording, symbols, branding, logos, domain names, user interface elements or any other expressed brand features. Notice of copyright may not be removed from any documentation, materials or interfaces.

onebytezero is the exclusive rights holder for Goalify, or a connected service, worldwide; these rights are not transferable and are not exclusively for the purposes described.

14/

The user retains trademark protection and all other personal rights to the data that he or she transmits via the application. Through such transmission, the user gives onebytezero the permanent, non-revocable, worldwide, free of charge and non- exclusive right to make this data public with the protection of personal rights and to use this data for marketing purposes as well as for purposes related to research into the improvement of the application and related services. In addition, he or she gives the same permission and allows this data to be used in improving the understanding of processes related to goal formation and goal pursuit and related scientific inquiry (likewise adhering to the protection of the personal rights of the user). In order to realize these objectives, onebytezero is also permitted to pass data on to other organizations.

15/

All of the described rights and duties are transferable to any possible future rights holder of onebytezero. To the extent that onebytezero engages in cooperation with other organizations in order to improve the products and/or services offered, onebytezero is also permitted to pass data on to these organizations and to alter it in any way necessary so that it can be transmitted over various technical channels, networks and media.

16/

onebytezero retains all necessary rights to its products and services. Should violations of this copyright be found, we request that the user immediately notify us via this email address: office@onebytezero.com.

17/

Goalify, or an related service, may be used in parts, for free. If additional subscriptions are purchased by the user, the user’s benefits and additional usage rights are only accessible to the user for the duration of the subscription. If a subscription is not extended in time, before the subscription period expires, user data and features that go beyond the parts provided free of charge will be automatically deleted or deactivated at the end of the subscription period.

onebytezero cannot be held liable for any loss of data or for any resulting damage due to the enforcement of an expired subscription.

Changes in the user agreement are possible from time to time and are made available to the user in the settings of the application. The user is asked to regularly review the user agreement. These terms and conditions were generated on December 18, 2014 and last modified on May 24, 2018.

22/

By using Goalify, the user expressly agrees to this user agreement and to our data privacy stipulations.

We like to hear from Goalify users! Do not hesitate to contact us with questions or comments as well as any concerns you have concerning the security of your data: hello@onebytezero.com.

Graz, May 2018

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