Terms and Privacy Policy - Legacy

Quick Introduction

Scroll down to read our Terms of Service and Privacy Policy documents in their entirety.

Welcome to Ate!

We are really happy to have you and thank you for choosing us as your partner on your healthy journey.

We wanted to give you a quick overview of how we handle your privacy at Ate. Since we like to keep things simple, we will try to do the same here. If you enjoy reading all the legal stuff (Terms of Service and Privacy Policy), it’s still available further down in the document.

So here we go: First, the most important thing you should know:

We do not depend on ads!

So we don’t sell/share/harvest your data for anything.

We are supported by our wonderful users who are upgrading to our premium accounts for a more complete experience. So your data remains private as it should. (Shameless plug here: Please support us by upgrading to premium! Thank you!)

If you want to share your diary with friends or the outside world, that is your choice. There are various ways to share from within the app, if you choose so. The control remains with you.

If you ever need us to access your data for support questions, we will ask for your permission first.

Once you start using the app, your data is immediately backed up on our servers and you are ready to go. You don’t even need to create an account as long as you are using the same phone! But to make this work, we do need to store a unique identifier to connect your device with the anonymous account created.

Although you could remain on this anonymous account forever, we do recommend that you create a free account with us as it unlocks new features within the app and enables you to access your diary from other/new devices.

Also, it’s important to keep in mind, that while you are using an Anonymous account, we can’t really support data download and deletion, since we can’t verify who you are. However, you can always reset your path from the app to delete your user generated content.

Once you are ready to setup a free account, we just ask for an email address for identification purposes. We do not share this email with anyone and only use it to occasionally contact you when we feel it’s appropriate. (To welcome you or to congratulate for an achievement.) If you do not wish to receive these emails, just hit unsubscribe on the bottom of the email.

We also ask for an optional profile name and photo, so we can better communicate with you. If you use Facebook to log in, we just basically prefill these fields for you and don’t store any other info from Facebook in your Ate profile.

If you ever want your personal data on Ate deleted or exported, just contact us via privacy@youate.com and we’ll do so within 30 days. For more details about our service providers and GDPR, continue reading below.

I hope that gave you a clear overview of what we do with your personal data. If you have any questions or concerns, just drop us an email privacy@youate.com .

Have a wonderful day,

the Ate Team

Privacy FAQs:

Ate Service Providers

Above, when we talk about “we”, it refers to our team and our service providers. We are using Google Cloud services for authentication, data storage and hosting. For user support and analytics, we use Google, Mixpanel, Segment, Groove and Intercom. For our ambassador program, we use FirstPromoter to track referrals.

Ate Community Stats

Sometimes we analyze anonymous data collected from the Ate community to share interesting insights with you and the world about eating habits. We always make sure this data does not include personal information and we never share the raw data with outsiders.

Ate and GDPR

We are fully committed to meet the new European GDPR requirements. Continue reading to find out how we support your rights.

Right of portability

If you would ever want to have your data exported, just send us an email at privacy@youate.com and we will send it to you via a zip file. (We can usually do this within 30 days, after authenticating that it was really you asking for the data.)

Right to access

If you ever have a question about your data, how it’s used or need to change something, just contact us at privacy@youate.com

Right to be forgotten

Data Deletion works in a similar way. Email us at privacy@youate.com, we will verify that it is you, and we will have all your data deleted from our servers and partners. (Within 30 days.)

Breach Notification

If we ever notice any weird activity around your data or in our systems, we will let you know within 72 hours and alert the appropriate authorities. If you notice something strange, please let us know ASAP!

We do our best to always clearly communicate what you are signing up for when we ask you to agree to something within the app. We ask for minimum access needed for the app to run properly. If you ever feel like something was not communicated properly, please let us know.

Terms of Service

Effective as of January 26, 2017, Updated on May 15, 2019

These Terms and Conditions of Use (the “Agreement”) set out the terms on which Piqniq, Inc. (“YouAte”, “Piqniq”, “Ate” or “we”) will provide Ate software and services on the youate.com website, and other Piqniq controlled or operated websites and through the Ate mobile device applications (collectively, the “Service” or “Services”) to you, a user of the Service (“You” or “User”), as well as the benefit of this Agreement to any Piqniq officer, director, employee or agent of Piqniq or corporate entity affiliated with Piqniq (each, a “Piqniq Partner”).

By providing Your email address and creating an account as a User of the Service, or by otherwise using the Service, You agree to comply with and be bound by this Agreement, which we may change at any time by posting notice on the Service. Users bound by this Agreement include both those using Ate for their own healthy goals (sometimes referred to as “Individual Users”) and coaches using Ate to provide coaching services and advice to others (referred to as “Coaches”).

PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If You do not agree to these terms and conditions, please do not use the Service.

Registration.

If You register as a User, You represent and warrant to Piqniq that: (i) You are of legal age to form a binding contract; (ii) You will provide Piqniq with accurate, current and complete registration information; and (iii) Your registration and Your use of the Service is not prohibited by law. Piqniq reserves the right to suspend or terminate Your registration, or Your access to this Service, with or without notice to You, in the event that You breach any term of this Agreement.

Minors.

The Service is not directed at Users under the age of 18. If You are under the age of 18, You are not permitted to register as a User or use the Service.

All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Service or used by Piqniq to operate the Service, excluding any User Content (as defined below) is proprietary to us or to third parties. Piqniq expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The mark “Piqniq” is an unregistered trademark and the mark “YouAte” is a registered trademark; both are marks of Piqniq or Piqniq Partner, and they may not be used in connection with any service or products other than those provided by Piqniq, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Piqniq. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.

Your Registration and User Content.

The information You submit to us as part of Your registration, and any data, photographs, text, graphics, video, and other material that You submit or post to Ate (“User Content”), remain Your intellectual property, and Ate does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, You agree that Piqniq may retain copies of all registration information and User Content and use such information and User Content as reasonably necessary for or incidental to its operation of the Service and as described in the Agreement and the Piqniq Privacy Policy, and You grant Piqniq the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service and as provided for in the Piqniq Privacy Policy.

Right to Use the Service.

Subject to the terms of this Agreement, Piqniq authorizes You to use the Service for Your personal, non-commercial purposes. The Service includes certain premium features and services that Piqniq offers for a fee (“Premium Services”); You are only authorized to use Premium Services if You have paid the applicable fees. You may not remove any copyright, trademark or other proprietary notices that have been placed in the Service. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Service, or any portion of the Service, is strictly prohibited without the prior written permission of Piqniq. The Service is licensed, not sold, and You obtain no rights in any copy of software related to the Service other than the rights described in this paragraph. You agree, and represent and warrant, that Your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, You agree that You will comply with all applicable laws, regulations and ordinances relating to the Service or Your use of it, and You will be solely responsible for Your own individual violations of any of any such laws.

You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).

We retain the right to implement any changes to the Service (whether to unpaid or Premium Services) at any time, with or without notice. You acknowledge that a variety of Piqniq actions may impair or prevent You from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Piqniq has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to You, any content or services.

Purchases

Fees

Piqniq offers certain enhanced features of the Services which you can purchase as a monthly, quarterly or yearly subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. The amounts due and payable by you for a Subscription that you purchase through the Services will be presented to you before you place your order. If you choose to a Subscription via the Services, you agree (a) to pay the applicable fees and any taxes; (b) that Piqniq may charge your credit card for verification, pre-authorization and payment purposes if you purchase via the site, or if you purchase via the App, charge your account with the app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider”); and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Ate until accepted and confirmed by Piqniq. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription

All amounts are payable and charged, for monthly, quarterly or annual subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel. You must cancel your monthly or annual Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at hello@youate.com. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or App Provider charges unless you have made a reasonable attempt at resolving the matter directly with Piqniq. Piqniq reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Piqniq deems appropriate in its sole discretion. Piqniq also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. Piqniq will either not charge you or refund the charges for orders that we do not process or cancel.

Changes to Price Terms

Piqniq reserves the right to change its pricing terms for Subscriptions at any time and Piqniq will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Piqniq pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription.”

Future Functionality

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Piqniq regarding future functionality or features.

Forums, Chat Spaces and Blogs.

A number of Service features, such as the feature allowing You to share diet information with friends, and any chat areas and blogs, offer opportunities for sharing information with others (the “Interactive Features”). Piqniq does not edit or control User Content that You and other Users post to or distribute through the Interactive Features, and will not be in any way responsible or liable for User Content. Piqniq does not vet or control the Users or other individuals that use the Service or Interactive Features. Piqniq shall not be liable for any loss or damage that any person may suffer as a result of using Interactive Features. All Users use the Interactive Features at their own risk. Users should exercise caution in interacting with unknown persons that they meet using the Interactive Features in the same way that they would exercise caution in the physical world.

No User of any Interactive Feature shall: (a) use a Interactive Feature in violation of, or in connection with any violation of, any local, state, national or international laws; (b) impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content; (c) except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent; (d) post any material more than once or “spam”; or (e) engage in any other conduct that restricts or inhibits any other person from using or enjoying any Interactive Feature, User Content, or the Service, or which, in Piqniq’s sole judgment, exposes Piqniq or any officer, director, employee or agent of Piqniq (each a “Piqniq Partner”) to any liability or detriment of any type.

Service Restrictions.

No User of this Service shall submit, upload to, distribute through or otherwise post to the Piqniq website (including any Interactive Feature) any material that: (a) is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense; (b) contains any advertising, promotional, solicitation or other commercial material; (c) contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use; (d) infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party; (e) contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or (f) contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment. Neither You nor any other party may, without our prior written permission, deep link to, frame, spider, harvest or scrape the Service or User Content, or otherwise access the Service or Content for any purposes, or use any machine, electronic, web-based or similar device to read or extract the Service or User Content by machine based or automated means.

Piqniq Rights

Piqniq reserves the right (but is not obligated) to do any or all of the following: (a) record User Content; (b) Investigate an allegation that User Content or User registration information does not conform to the terms and conditions of this Agreement; (c) remove User Content or User registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement; (d) monitor, edit or disclose any User Content or User registration information, and otherwise generally monitor Your use of the Service; or (e) edit or delete any User Content or User registration information, regardless of whether such content violates any terms and conditions of this Agreement. Piqniq and Piqniq Partners have no liability or responsibility to Users of the Service or any other person or entity for performance or nonperformance of the aforementioned activities.

The Ate website may contain links to third party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Piqniq. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any of these third parties.

Ideas Submitted to Piqniq

Piqniq (Ate) is pleased to hear from You and welcomes Your comments about the Service. In the event that You submit ideas or suggestions for the Service (“Service Comments”), the Service Comments will be deemed, and will remain, the sole property of Piqniq. None of the Service Comments will be subject to any obligation of confidence on the part of Ate, and Piqniq and Piqniq Partners will not be liable for any use or disclosure of any Service Comments. Without limiting the foregoing, Piqniq will be entitled to unrestricted use and other exploitation of the Service Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Service Comments.

Warranty Disclaimers, Limitations of Liability and Indemnity.

You acknowledge that Your diet and exercise activities involve risks, which may involve risk of bodily injury or death, and that You assume those risks. You should consult a licensed/certified healthcare professional prior to beginning or modifying any diet or exercise program that You undertake, and You acknowledge that Piqniq has advised You of the necessity for obtaining such consultations. The Service should not be used by pregnant women. The Service is a source of information, but it does not provide medical advice. Piqniq makes no representation that Piqniq is a provider of medical services as defined by federal and state laws and regulations pertaining to medical providers and other health care related matters, or that Piqniq has any obligations with respect to (a) the appropriateness of Your engaging in a weight loss program; (b) the results (or lack of results) obtained by Your use of the Services; and (c) any health-related matters arising in connection with Your use of Ate. In no event shall Piqniq be liable for any death or bodily injury that You suffer, or that You cause to any third party, in connection with Your use of the Service or any diet, exercise or other activity You undertake in connection with Your use of the Service. Use of Coaches: Piqniq does not screen or test Coaches nor verify the qualifications or experience of any Coach, and Piqniq is not responsible for any advice, recommendation, act or omission of any Coach. If You use a Coach in connection with the Service, You do so at Your own risk. You accept the responsibility of verifying whether the Coach is appropriately qualified or experienced and of determining for Yourself whether You should follow any advice or suggestions from the Coach. Coaches: You shall only act as a Coach if You have appropriate skills, experience and qualifications to do so. If You provide coaching services to any Individual User, You agree that Piqniq is not responsible or liable for any act or omission of the Individual User or for the fitness of an Individual User to receive coaching services. Piqniq does not screen Individual Users and is not responsible for determining whether an Individual User is prepared for or medically fit for a diet or exercise regime. Warranties. WITHOUT LIMITATION OF THE FOREGOING, YOUATE AND YOUATE PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE OR USER CONTENT. THE SERVICE AND USER CONTENT ARE PROVIDED IN “AS-IS” CONDITION, AND YOUATE AND YOUATE PARTNERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED TO THE EXTENT PERMITTED BY LAW, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICE AND USER CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE AND USER CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE USER CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOUATE OR ANY YOUATE PARTNERS OR THROUGH THE SERVICE OR USER CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU USE THE SERVICE AND USER CONTENT AT YOUR OWN RISK, AND NEITHER YOUATE NOR YOUATE PARTNERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION. UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM YOUATE OR YOUATE PARTNERS ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICE OR USER CONTENT, EVEN IF YOUATE OR YOUATE PARTNERS HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF YOUATE OR YOUATE PARTNERS FOR ANY AND ALL DAMAGES ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO YOUATE IN THE THREE (3) MONTHS BEFORE THE LIABILITY IS ALLEGED TO HAVE ARISEN, OR, IF NO AMOUNTS WERE PAID DURING SUCH PERIOD, THE AMOUNT OF $1. THIS LIMITATION WILL APPLY WHETHER THE DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. You shall defend, indemnify and hold harmless Piqniq and Piqniq Partners against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with Your use of the Service or Your breach of any provision of this Agreement. Piqniq reserves the right the assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which You are obliged to provide indemnification hereunder. You will cooperate with Piqniq with respect to such defense and settlement.

Piqniq operates the Service under the Privacy Policy published at https://youate.com/terms-privacy.html. We urge You to read this policy now and, because the policy is updated from time to time, later at Your convenience. If we make material changes, as determined by us, in the way in which personal information is collected, used or transferred, we will notify you of these changes by email and by posting a modified version of this Privacy Policy on our website. Your continued use of the Service ten days following any changes means that you accept those changes. Even when we make changes, however, personal information collected by us will be treated in accordance with the version of the Privacy Policy in effect at the time the personal information was collected, unless we obtain your consent otherwise.

Piqniq complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If You have any complaints or objections to material posted on the youate website You may contact our Designated Agent at the following address: Tom Kiss Piqniq, Inc. 541 Jefferson Ave. Redwood City, CA 94063 Telephone: (314) 720-1010 Email: hello@youate.com

Any notice alleging that materials on this website infringe intellectual property rights must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyrighted work or other intellectual property that You claim has been infringed; (c) a description of the material that You claim is infringing and where it is located on the website; (d) Your address, telephone number, and email address; (e) a statement by You that You have a good faith belief that the use of the materials on the website of which You are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a statement by You that the above information in Your notice is accurate and that, under penalty of perjury, You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter Notices

If material that You have posted to the website has been removed or disabled, You may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (g) a physical or electronic signature of the subscriber; (h) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (i) a statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (j) Your name, address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if Your address is outside of the United States, for any judicial district in which Piqniq may be found, and that You will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)© or an agent of such person.

Applicable Law and Jurisdiction; Compliance.

All disputes arising out of or relating to this Agreement or the Service shall be resolved exclusively by binding arbitration conducted in Wilmington, Delaware before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect and the further procedures set forth herein. In the event that the American Arbitration Association is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq., and the laws of the State of Delaware without reference to principles of conflicts of laws. Notwithstanding any rules of the American Arbitration Association to the contrary, any claims shall be adjudicated on an individual basis, and YOU WAIVE ANY RIGHT TO BRING ANY CLAIM AS A REPRESENTATIVE OF A PROPOSED CLASS, ON AN AGGREGATED OR MASS BASIS, OR AS A PRIVATE ATTORNEY GENERAL, OR TO CONSOLIDATE ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES THERETO. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to this Agreement, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, You may at Your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. Piqniq does not hereby waive any defense that such jurisdiction may be lacking in Your state. Without derogation of the parties’ obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to this Agreement or the Service shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting in Wilmington, Delaware, except that, following confirmation of an arbitration award in a state or federal court in Wilmington, Delaware, a judgment arising therefrom may be executed in any court of competent jurisdiction.

Miscellaneous Provisions.

No delay or omission by Piqniq in exercising any of its rights occurring upon any noncompliance or default by You with respect to this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Piqniq of any of the covenants, conditions or agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between You and Piqniq regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this Agreement constitutes a writing and Your assent to the terms and conditions hereof constitutes a “signing” for all purposes. There shall be no third party beneficiaries to this Agreement other than Piqniq Partners. In no event shall Piqniq be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Piqniq’s reasonable control.

Contact Information

If you have any questions about these Terms or the Services please contact Piqniq at:

Piqniq, Inc. 541 Jefferson Ave. Redwood City, CA 94063 hello@piqniq.co

Privacy Policy

Effective as of January 26, 2017, Last updated on May 25, 2018

Protecting your privacy is really important to us. Accordingly, we’re providing this Privacy Policy to explain our practices regarding the collection, use and disclosure of information that we receive through our Services. This Privacy Policy doesn’t apply to any third-party websites, services or applications, even if they are accessible through our Services. Also, please note that, unless we define a term in this Privacy Policy, all capitalized words used in this Privacy Policy have the same meanings as in our Terms of Service. So, please make sure that you have read and understand our Terms of Service.

Revisions to this Privacy Policy

Any information that is collected via our Services is covered by the Privacy Policy in effect at the time such information is collected. We may revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we’ll notify you of those changes by posting them on the Services or by sending you an email or other notification, and we’ll update the “Last Updated Date” above to indicate when those changes will become effective.

Collection and Use of Information

Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services.

Account Information

If you create an Account, we’ll collect certain information that can be used to identify you, such as your email address (“PII”). If you create an Account using your login credentials from one of your SNS Accounts, we’ll be able to access and collect your name and other PII that your privacy settings on the SNS Account permit us to access. If you create an Account through the Services or one of your SNS Accounts, we may also collect your gender, date of birth and other information that is not considered PII because it cannot be used by itself to identify you.

Types of Information Collected

In addition to the above personal information (“PII”), we collect standard information about Ate users such as: “Personal Diet Data” that you enter, including, birthdate, height and weight, sex, and specific details of the foods and drinks that you consume, why you made certain choices and information from any other diary entry you might make. Photos of the meals that you have saved using our Services. Email address and your Ate Password. IP addresses, browser type and your operating system. Pages visited on the Websites referring and exit pages, and the dates and times of the visits. Any additional information relating to you and your use of the Websites, Apps or Ate Services that you provide to use directly through the Websites, Apps or Ate Services. Information that you make publicly available or publicly post using tools made available on the Websites or via the App. Information you may provide in user-to-user messages.

Coaches: If you are a Coach participating in the Ate Coach coaching program you will be asked to provide your email address and to select a password. You may also provide personal information such as your name, the name of your company and your photo.

Information Collected Using Cookies and other Web Technologies

Like many website owners and operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information. “Cookies” are small text files that are placed on your device by a web server when you access our Services. We may use both session cookies and persistent cookies to identify that you’ve logged in to the Services and to tell us how and when you interact with our Services. We may also use cookies to monitor aggregate usage and web traffic routing on our Services and to customize and improve our Services. Unlike persistent cookies, session cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don’t accept cookies, you may not be able to access all portions or features of the Services. Some third-party services providers that we engage (including third-party advertisers) may also place their own cookies on your device. Note that this Privacy Policy covers only our use of cookies and does not include use of cookies by such third parties. “Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).

Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), including both Account holders and non-Account holders (either, a “User”). Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on and other statistics. We use Log Data to administer the Services and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance the Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to fight spam, malware and identity theft. We also use the IP Address to generate aggregate, non-identifying information about how our Services are used.

Information Sent by Your Mobile Device

We collect certain information that your mobile device sends when you use our Services, like a device identifier, user settings and the operating system of your device, as well as information about your use of our Services.

Location Information

In some cases we may collect and store information about where you are located, such as by converting your IP address into a rough geolocation or by accessing your mobile device’s GPS coordinates (requires user opt-in) if you enable location services on your device. We may use location information to improve and personalize our Services for you. If you do not want us to collect location information, you may disable that feature on your mobile device.

Information That We Share With Third Parties

We will not share any PII that we have collected from or regarding you except as described below:

Information Shared with Our Services Providers

We may engage third party service providers to work with us to administer and provide the Services. These third-party services providers have access to your PII only for the purpose of performing services on our behalf.

Information shared by you with Friends and in User Forums

Ate Services allow you to share your diet and exercise goals and information with friends that you select. In addition, if you accept an invitation from a Coach as a part of our Ate Coach service, you will enable the sharing of your Personal Diet Data information and potentially personally identifiable information with the Coach. Please bear in mind that Piqniq (Ate) cannot control what your friends or Coaches do with the information you share with them, so you should only share with friends and Coaches you trust.

Information Shared with Other Systems, Such As HealthKit or Google Fit

You may instruct us to share certain of your information with systems such as Apple’s HealthKit or Google Fit, and to access information from those systems which we will use to improve the services we provide to you. Before you tell us to share your information with another system, however, you should review the applicable privacy policy of that system, since any information you have instructed us to share will become subject to those policies (Apple’s policy can be found here and Google’s Privacy Policy can be found here). In addition, in the event that you use one of those services, you should be careful about allowing other applications, services or people to access your information through that service. While much information collected by those services is innocuous, people who see Ate data may be able to determine a variety of personal information.

Information Shared with Third Parties

We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes.

Information Disclosed in Connection with Business Transactions

Information that we collect from our users, including PII, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, some or all of our assets, including your PII, may be disclosed or transferred to a third-party acquirer in connection with the transaction.

Information Disclosed for Our Protection and the Protection of Others

We cooperate with government and law enforcement officials and/or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims or legal process (including subpoenas, warrants or court orders); (ii) to protect our property, rights and safety and the rights, property and safety of a third party or the public in general; and (iii) to prevent or stop any activity we consider illegal, unethical or legally actionable activity.

Your Choices

Our Services may contain links to other websites and services. Any information that you provide on or to a third-party website or service is provided directly to the owner of the website or service and is subject to that party’s privacy policy. Our Privacy Policy does not apply to such websites or services and we’re not responsible for the content, privacy or security practices and policies of those websites or services. To protect your information we recommend that you carefully review the privacy policies of other websites and services that you access.

Opt-Out

We may periodically send you free newsletters and e-mails that directly promote our Services. When you receive such promotional communications from us, you will have the opportunity to “opt-out” (by following the unsubscribe instructions provided in the e-mail you receive). We do need to send you certain communications regarding the Services and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Service or this Privacy Policy or information about billing.

Modifying Your Information

You can access and modify the PII associated with your Account through your Account settings or by contacting us at hello@youate.com. If you want us to delete your PII and your Account, please contact us at hello@youate.com with your request. We’ll take steps to delete your information as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.

Do Not Track Signals

Our Services do not have the capability to respond to “Do Not Track” signals received from various web browsers.

The Security of Your Information

We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. When you enter sensitive information on our forms, we encrypt this data using SSL or other technologies. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

Our Services may contain links to websites and services that are owned or operated by third parties (each, a “Third-party Service”). Any information that you provide on or to a Third-party Service or that is collected by a Third-party Service is provided directly to the owner or operator of the Third-party Service and is subject to that owner’s or operator’s privacy policy. We’re not responsible for the content, privacy or security practices and policies of any Third-party Service. To protect your information we recommend that you carefully review the privacy policies of all Third-party Services that you access.

International Transfer

Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there.

Our Policy Toward Children

Our Services are not directed to children under 13 and we do not knowingly collect PII from children under 13. If we learn that we have collected PII of a child under 13 we will take steps to delete such information from our files as soon as possible.

Questions?

Please contact us at hello@youate.com if you have any questions about our Privacy Policy.

Contact us

We love to hear from you, so send us your feedback, thoughts or experiences with ate. Good or bad, send it to hello@youate.com.

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