Terms and Conditions of Use:

Welcome to Well Fit Plus, LLC’s (“WELL FIT PLUS”) mobile application (“App”) services. The Well Fit Plus App provides a scheduled video regimen of purposeful movement activities (“PMA”) consistent with the latest research findings to offset the negative effects of prolonged sitting. Purposeful movement activities, each approximately 90 seconds in length, are pushed out to you throughout the day at your selected time frame.  Each video is specifically designed to counteract the postural stress, muscle tension, spinal degeneration, and musculoskeletal pain caused by prolonged sitting. 

Before you begin, please take the time to read these Terms and Conditions of Use, as well as, our Privacy Policy. Both are important legal documents that will govern your use of the App. Thank you for choosing WELL FIT PLUS.

THIS AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“YOU” or “YOUR”) AND WELL FIT PLUS. BY USING THE SERVICE HEREIN DESCRIBED AND ANY ACCOMPANYING SOFTWARE (“SOFTWARE”), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS.

1. Agreement with WELL FIT PLUS.

Your use of WELL FIT PLUS’ App (“Service”) is governed by this Agreement. The WELL FIT PLUS name, brand, App, and other intellectual property, including without limitation, the intellectual property rights to the trademark “Everybody Up” are owned by Well Fit Plus, LLC, a New York Corporation located at 1825 Maple Road, Suite 240, Williamsville, New York 14221.

2. We Do Not Offer Medical Advice.

WELL FIT PLUS does not offer medical advice and the Service is not intended to provide medical advice. The Service is for informational purposes only. Any content or information obtained through the Service should not be used during a medical emergency or for the diagnosis or treatment of any health or medical condition. Please consult with Your doctor or other qualified health care provider if You have any questions about a medical condition, or before taking any drug, changing Your diet, commencing any exercise regimen, commencing or discontinuing any course of treatment, or performing any physical activity. Do not ignore or delay obtaining professional medical advice because of information accessed through the Service.

3. Your Account and Use of the Service.

You may be required to create an account to participate in the Service. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You agree not to impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You are responsible for the security of your passwords and for any use of Your account. You also agree to notify us promptly at support@wellfitplus.com of any unauthorized use of Your username, password, other account information, or any other breach of security that You become aware of involving or relating to the Service.

Your use of the Service and any content accessed through the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. You must be at least 18 years old to use the Service.

You may not access the Service other than by the interfaces provided by WELL FIT PLUS or interfere with or disrupt the proper operation of the Service.

4. Use of Your Information.

Disclosure of Your identity or of information that can be personally identified to anyone other than Well Fit Plus (including identity disclosure to other users) is completely at your discretion, and we will not do so without your prior permission. If You create, transmit, or display fitness or health or other information while using the Service, You may provide only information that You own or have the right to use. When You provide Your information through the Service, You give WELL FIT PLUS a license to use and distribute it in connection with the Service and other WELL FIT PLUS services, but only to those entities and individuals You designate. You understand and agree that this authorization permits the disclosure of health or personal information about You, but only to the entities and individuals You designate and that it may contain sensitive information. You further acknowledge and agree that WELL FIT PLUS shall have a perpetual, royalty free license to use all information that You provide in any manner WELL FIT PLUS deems fit, provided that such information does not include Your personally identifiable information but is aggregated with information received from others. WELL FIT PLUS will only use personally identifiable information You provide as provided herein and as provided in WELL FIT PLUS’ Privacy Policy located at http:wellfitplus.com.  You acknowledge and agree that WELL FIT PLUS is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder (“HIPAA”). As a result, HIPAA does not apply to the transmission of health information by WELL FIT PLUS to any third party.

WELL FIT PLUS reserves the right to transfer any and all information that it collects from users of the Service to a third party in the event that WELL FIT PLUS sells or transfers its business or all or substantially all of its assets related to the Service to such third party.

5. WELL FIT PLUS Proprietary Rights.

WELL FIT PLUS owns all proprietary rights to the Service. WELL FIT PLUS gives you a personal, revocable, non-assignable, and non-exclusive license to use the Service. Any Software provided to you is licensed and not sold. All title to the Software resides and remains in WELL FIT PLUS. Any commercial or public use of the App or Service is strictly prohibited without written permission from WELL FIT PLUS.

Except as expressly provided above, no portion of the App, its Contents or any copyright, trademark, trade name, service mark or any other proprietary information of WELL FIT PLUS (collectively, the “Intellectual Property”) displayed on the App or through the Service may be reproduced, altered, removed, transmitted, published or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of the WELL FIT PLUS. Use of any WELL FIT PLUS trademarks as metatags on any third-party web site is strictly prohibited. You may not Co-Brand the Site or display the Site in frames (or any of the Content via in-line links) without prior written permission from WELL FIT PLUS. “Co-brand” means your display of any of the Intellectual Property, or your taking of other means of attribution or identification of WELL FIT PLUS in such a manner reasonably likely to give a third party the impression that you or such third party has the right to display, publish or distribute the Site or any of its Content. You agree to cooperate with WELL FIT PLUS in causing any unauthorized co-branding, framing or linking to immediately cease

6. Modification and Termination of the Service.

WELL FIT PLUS may place limits on, modify, suspend or terminate the Service generally, and may suspend or terminate your use of the Service if you fail to comply with this Agreement. This suspension or termination may delete your information, files, and other previously available content. If WELL FIT PLUS terminates the Service or your use of the Service, this Agreement will also terminate, but in addition to those provisions that survive according to their terms, Sections 3-14 shall continue to be effective after this Agreement is terminated.

7. Changes to this Agreement.

WELL FIT PLUS may change this Agreement and will post the modified agreement (which shall then become the Agreement) at http://wellfitplus.com.  If you do not agree to the modified agreement, You should stop using the Service. Your continued use of the Service after the date the modified agreement is posted will constitute Your acceptance of the modified agreement.

8. Indemnification.

BY USING THE SERBVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD WELL FIT PLUS, ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY WELL FIT PLUS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVERY ANY DAMAGES FROM WELL FIT PLUS, ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMAITON OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF WELL FIT PLUS’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

9. Exclusion of Warranties.

YOU HEREBY ACCEPT THE SERVICE, “AS IS,” “AS-AVAILABLE,” AND WITH ALL FAULTS, DEFECTS AND ERRORS. NEITHER WELL FIT PLUS NOR ANY OF WELL FIT PLUS’S LICENSORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE ANY RESULTS. THE DISCLAIMERS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.

10. Limitation of Liability.

NEITHER YOU NOR WELL FIT PLUS OR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. YOU AND WELL FIT PLUS SPECIFICALLY AGREE THAT NEITHER PARTY WILL BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL PUNITIVE, OR SPECIAL DAMAGES. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.

YOU AGREE THAT WELL FIT PLUS MAY NOT BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $100. YOU ACKNOWLEDGE THAT IF THE ABOVE LIMITATION WERE NOT INCLUDED HEREIN, WELL FIT PLUS WOULD NOT LICENSE THE SERVICE TO YOU AND YOU FURTHER COVENANT THAT YOU WILL BRING NO CLAIM IN EXCESS OF THIS LIMITATION.

WELL FIT PLUS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR OWN RISK, AND WELL FIT PLUS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

WELL FIT PLUS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND WELL FIT PLUS DISCLAIMS ANY LIABILITY RELATING THERETO.

WHILE WELL FIT PLUS USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION IN THE CONTENT PROVIDED BY THE SERVICE, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERROR OR OMISSSION OF ANY CONTENT.

11. Hyperlinks

From time to time, WELL FIT PLUS may authorize linked web sites to or from the App. Linked web sites are controlled and operated by third parties and not by WELL FIT PLUS. WELL FIT PLUS makes no representations and disclaims all liability as to the content or material available at those locations, the accuracy of information, and the quality of products or services provided or advertised on linked web sites. The fact that WELL FIT PLUS authorizes linked web sites is not an endorsement, authorization, express or implied sponsorship, or affiliation with respect to linked web sites, its owners, sponsors, or providers.

12. Submissions of Unsolicited Ideas

WELL FIT PLUS values your feedback; however, we ask that you not submit to us any suggestions, materials, ideas or creative concepts for new, modified or different products or services to us. WELL FIT PLUS requests this in order to avoid confusion in the future regarding the origin of the concept, product or service.

If, despite our request that you not send us any creative materials, you still send us creative suggestions, ideas, concepts or other information (collectively, the “Information”), such Information shall be deemed by WELL FIT PLUS to be, and shall remain, the property of WELL FIT PLUS. None of the Information shall be subject to any obligation of confidence on the part of WELL FIT PLUS, and WELL FIT PLUS shall not be liable for any use or disclosure of any Information. Without limiting the foregoing, WELL FIT PLUS shall exclusively own all rights to the Information of every kind and nature and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

13. General Legal Terms.

If You have not signed a separate written agreement with WELL FIT PLUS related to the Service, this Agreement is the entire agreement between You and WELL FIT PLUS related to the Service, replacing any prior agreements. If there is any conflict between this Agreement and a signed written agreement between You and WELL FIT PLUS related to the Service, the signed written agreement will control.

You shall not assign this Agreement, by operation of law or otherwise. WELL FIT PLUS may assign this Agreement in connection with any merger, consolidation, any sale of all or substantially all of WELL FIT PLUS’ assets or any other transaction in which more than fifty percent (50%) of its voting securities are transferred, subject to all of the terms of this Agreement.

This Agreement is governed by New York law, excluding New York’s choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS ERIE COUNTY, NEW YORK. YOU AND WELL FIT PLUS CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this Agreement limits either party’s ability to seek equitable relief.

These terms do not create rights enforceable by third parties.

These terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. These terms will bind and inure to the benefit of each party’s successors and permitted assigns.

You may not assign, transfer, or sublicense any of your rights or obligations under these terms without WELL FIT PLUS’ prior express written consent.

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

If any part of these terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner, and the enforceable sections of these terms will remain binding upon the parties.

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

These terms, together with all policies referred to herein, constitute the entire agreement between you and WELL FIT PLUS with respect to your use of the Service and the App and supersedes all prior or contemporaneous communications and proposals between you and WELL FIT PLUS regarding such subject matter. Without limitation, you agree that a printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

14.  Contacting WELL FIT PLUS.

If you have any questions about WELL FIT PLUS generally, these terms, the Service, or the App, please feel free to contact WELL FIT PLUS at:

WELL FIT PLUS, LLC

ATTN: Customer Service

1825 Maple Road, Suite 240

Williamsville, New York 14221

support@wellfitplus.com

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: 

The provider of the website is1825 Maple Road, Suite 240, Williamsville, New York 14221

To file a complaint regarding the website or to receive further information regarding use of the Site, send a letter to the above address, or contact WELL FIT PLUS via e-mail at support@wellfitplus.com

You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

Last Modified: April 12, 2017

Privacy Policy:

Welcome to Well Fit Plus, LLC’s (“WELL FIT PLUS”) mobile application (“App”) services. The Well Fit Plus App provides a scheduled video regimen of purposeful movement activities (“PMA”) consistent with the latest research findings to offset the negative effects of prolonged sitting. Purposeful movement activities are pushed out to you throughout the day at your selected time frame, each approximately 90 seconds in length.  Each video is specifically designed to counteract the postural stress, muscle tension, spinal degeneration, and musculoskeletal pain caused by prolonged sitting. 

Before you begin, please take the time to read this Privacy Policy, as well as, our Terms and Conditions of Use. Both are important legal documents that will govern your use of the App. Our privacy policy describes what Personal Data we collect through the App and how we use and share that information. Thank you for choosing WELL FIT PLUS.

If you have any questions about how we handle or protect your Personal Data, please contact us through the methods outlined below.

BY USING THE SERVICES YOU CONSENT TO THE COLLECTION, USE AND TRANSFER OF YOUR PERSONAL DATA FOR PROCESSING IN THE UNITED STATES AS DESCRIBED IN THIS PRIVACY POLICY. 

Please read this Privacy Policy carefully, as your access to and use of the WELL FIT PLUS APP (the “Services”) signifies that you have read and agree to all terms of this Privacy Policy. If you do not agree with any part of this Privacy Policy or our Terms and Conditions, please do not access or continue to use any of the Services or otherwise submit your Personal Data.

  1. Information We Collect

WELL FIT PLUS collects information to operate our business and provide you with innovative wellness activity solutions. We collect both Personal Data and Other Information in support of these efforts.

  • “Personal Data” is information that can be used, directly or indirectly, alone or together with other information, to identify you as an individual. This may include your Performance Data.
  • “Other Information” is information that is anonymous, aggregate, de-identified, or otherwise does not reveal your identity. Some examples include age, gender, browser and operating system, time spent using our Services, and webpages visited. We collect and use this information to understand how you and our community as a whole use our Services and to improve the Services or build new Services that may be useful to our users or the general public.
  • Generally, we do not consider Other Information to be Personal Data. Regardless, if we link together Other Information in a way that renders it individually identifiable, we will treat the combined information as Personal Data.

We collect Personal Data in the following ways:

When you set up a WELL FIT PLUS account, we will collect your name, username and password, email address, date of birth, and location. We may also collect your postal code, contact number and information about your mobile device (e.g., name of your wireless carrier and device identifier). In addition, we may collect certain demographic information at registration to tailor our Services to your needs, such as age, gender, and occupation.

When you use or interact with our Services, we collect Personal Data such as Performance Data, your name, and contact information.

Performance Data: We collect your Performance Data to help you track your use of the App, activity levels within the App, performance metrics, and progress, to provide you with feedback (such as competition results of groups of users with other groups of users), to provide others within a group that you designate with aggregated group metrics, and to help us run our business.

We collect Performance Data when you input the data manually into the Services, when you employ features in the Services that are designed to capture the data, and when we calculate additional information from Performance Data you have previously provided (such as when we analyze performance over time). Examples of Performance Data we collect are information about the type and frequency of your participation in the activities provided by the App.

Location Data: We do not collection precise location data as part of the Services.

Other Information: We may collect Other Information about your use of our Services. This includes, for example, your device type, carrier provider, browser type, operating system, internet domain and host name, date and time of access as well as referring and onward URL, as well as data about how you interact with the Services, such as what data is displayed, clicked on or shared. We may also collect information regarding how you purchase or obtain access to the App from vendors who provide access to the App to you.

When you engage with public forums such as social networking sites and blogs or with advertising on the Services, we may collect Personal Data about those interactions.

  1. How We Use Personal Data

WELL FIT PLUS uses the data we collect to operate our business, advertise and provide our products and Services, improve existing products and services, develop new products and services, and to improve and personalize your experiences interacting with us. We also use your Personal Data to communicate with you and to deliver advertising that may be more relevant to you.

We use the information we collect to:

Operate our business and provide our Services to App users, individuals, businesses, and communities. We use the data we collect to provide the Services that we offer. This includes operating, maintaining, and providing you with all of the content and features of the Services. For example, tracking your App activity goals and providing it in aggregate form for group feedback purposes. We also use the data that we collect for our internal business operations. For example, we use data to better understand our business, analyze our operations, improve the Services, and to develop new products and Services to support your fitness and wellness goals. We may also use the data to track, for example, the total number of visitors to or users of the Services, the number of visitors to each activity or page of the Services, and the domain names of our visitors’ Internet service providers to analyze our business operations and performance.

Personalize experiences on our Services, better understand our users and gain consumer insights. We use the Personal Data we collect to personalize your experience with our Services. We also use Personal Data to better understand the people who use our Services. This helps us to innovate, plan and design new products, services, features and functionality that our customers need and want.

Address security issues and to resolve disputes. We use the data we collect, including Personal Data in some cases, to protect the security of our Services, employees and users, to detect and prevent fraud, to resolve disputes and to enforce our agreements and contractual commitments.

Tailor our advertising and marketing. We use data we collect to expand our customer base.

Communicate with you and respond to your requests. After you have registered or created an account with us, you have a choice of receiving announcements via email, push notifications, or text message about us, our products, and Services. If you consent to such messages, we may use your Personal Data and Other Information to communicate with you about the WELL FIT PLUS products or Services. You can manage your communication preferences by registering for and logging into your account.

We may use your Personal Data to respond to your requests for technical support, online services, product information or to any other communication you initiate. This includes accessing your account to address technical support requests.

Please note that irrespective of your email settings, we may send you notifications pertaining to the performance of our Services, such as revision of our Terms or this Privacy Policy or other formal communications relating to products or Services you have purchased or use.

  1. How We Disclose Personal Data

WELL FIT PLUS does not disclose Personal Data except as necessary to operate our App and provide the Services to you, and we will only disclose your Personal Data with your knowledge and as stated in this Privacy Policy or as indicated at the time of collection. This includes disclosures that will enable us to fulfill our obligations to you, and allows us to manage our business operations. We will not share your Personal Data with third parties other than those third parties necessary to provide the Services to you. We do share data that is not personal (not linked to your identity). Our App aggregates user data in a manner that provides group statistics viewable by other members of the App. That anonymized data cannot be linked directly to you. You cannot opt out of the anonymous group statistics while using our App.

We may disclose your Personal Data as described in this Privacy Policy and in the following ways:

To our affiliates, partners, vendors, distributors, and suppliers. These third parties may have access to or process your Personal Data, but only to the extent it is necessary for them to (1) provide their products and services to us, or (2) to provide you the products and services that you have requested. For example, we may use third-party providers to deliver customer service and support (for example, when you have a question, complaint or technical issue with your account).

To enable the use of our services. Personal Data that is collected through the Services may be used or disclosed to third parties in order to enable us to provide Services. For example, the WELL FIT PLUS website may allow you to interface with a third-party website or application, such as iStore or Google Play.

Please note that any information you post or disclose in community forums (for example, Facebook, Twitter, or other sponsored pages) is public. We do not sponsor, do not provide, do not endorse, and cannot control the use of information disclosed in community forums, such as bulletin boards, blogs, chat rooms, and networking functions of mobile applications. All community forums are run by third parties and are governed by privacy policies of those third parties. Exercise caution when disclosing information in these public areas, and be careful what Personal Data you disclose and how you disclose it. WELL FIT PLUS does not necessarily endorse, support, verify, or agree with any content posted in any community forums. Any information you provide in a community forum is at your own risk.

To assist our growth and change with corporate transactions and reorganizations. If we should ever merge with another company, or if WELL FIT PLUS should decide to buy, sell, or reorganize some part or all of its business, we may disclose or transfer, to the extent permitted by law and in compliance with any applicable requirements to notify you, your Personal Data to prospective or actual purchasers or successor entities in connection with one of these transactions or reorganizations.

As required by law and special circumstances. We may be required, subject to applicable law, to disclose your Personal Data if: (i) it is reasonably necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority, (ii) such a disclosure would potentially mitigate our liability in an actual or potential lawsuit, (iii) it is necessary to protect our legal rights or property, or (iv) it is necessary to protect the legal rights or property or physical security of others, or for the prevention or detection of crime and such disclosure is lawful.

  1. Information Security

WELL FIT PLUS is committed to protecting the security of your Personal Data. We use technical and organizational measures designed to protect your information against unauthorized access, theft, and loss. We also recommend that you take additional measures to protect yourself and your information, such as installing anti-virus software, closing browsers after use, keeping confidential your log-in credentials and passwords, and making sure that you regularly update software and apps you have downloaded to ensure you have enabled the latest security features on your devices.

  1. Data Retention

WELL FIT PLUS will retain your Personal Data for as long as you maintain an Account or as needed to provide you the Services. We will also retain and use your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

How We Use Data Collection Tools and Online Advertising

WELL FIT PLUS collects information through user approval, input, and use of the App. We do not use cookies.

  1. Managing Your Privacy Settings

THERE ARE NO PRIVACY SETTINGS. OUR APP FUNCTIONS TO PROVIDE EACH USER’S ACTIVITY TO WELL FIT PLUS.  WE DO NOT OTHERWISE SHARE DATA COLLECTED EXCEPT AS OUTLINED IN THIS PRIVACY POLICY.

Set your communication preferences:

We respect your communication preferences and have created several ways for you to control how WELL FIT PLUS communicates with you:

    • Email Communication: You may stop receiving promotional email messages from us by following the unsubscribe instructions provided in any such message you receive.
    • Postal Mail: You may stop receiving promotional postal mail from us by following the opt-out instructions that may be included within those communications.
    • Push Notifications: With your permission, WELL FIT PLUS may use push notifications to let you know about new messages or events even when you are not actively using a Service. You can manage the type of push notifications you receive from WELL FIT PLUS by modifying the settings of your WELL FIT PLUS applications. You may set your mobile device to not allow push notifications from us.
    • Please note that our App’s functionality does rely on push notifications to send you of any scheduled PMA video. Therefore, push notifications will need to be enabled in order to provide a fully functional App.
  1. Children

We do not knowingly collect Personal Data from children under 18. If you become aware that a child has provided us with Personal Data without parental consent, please contact us at WELL FIT PLUS, LLC, Attn: Customer Service, 1825 Maple Road, Suite 240, Williamsville, New York 14221, or by email at support@wellfitplus.com. If we become aware that a child under 18 has provided us with Personal Data without parental consent, we will take steps to remove the information and terminate the child’s account.

  1. Residents of California, United States: your California privacy rights

California Civil Code Section 1798.83 permits California residents to request and obtain from us a list of what Personal Data (if any) we disclosed to third parties for that third-party’s direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any Personal Data with third parties for their direct marketing purposes. If we do decide to share your Personal Data with third parties for their marketing purposes, you may opt-out of this disclosure at any time by submitting a request in writing to:

WELL FIT PLUS, LLC
Attention: Customer Service

1825 Maple Road, Suite 240

Williamsville, New York 14221

support@wellfitplus.com

It is important to note that this opt-out does not prohibit disclosures made for non-marketing purposes or for purposes of assisting us with our own marketing.

Additionally, if you are a registered user under the age of 18 and a resident of California, you may request removal of content you have posted to the Services. Requests can be made as outlined above. Please note that making such requests does not ensure complete or comprehensive removal of the content. For example, we may retain the information for our own internal records, and it is also possible that a third-party we do not own or control may copy the posting and repost it elsewhere.

  1. Third Parties We Don’t Own or Control

Please note that this Privacy Policy does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage. For example, if you download one of our applications on your smartphone, the manufacturer of your smartphone may have a policy that applies to its own practices for collecting information through that smartphone. We encourage you to read the privacy policies of each and every device, website, and service that you use.

  1. How to Contact Us

If you have any questions, comments, or concerns about how we handle your Personal Data, then you may contact us or write to us at:

WELL FIT PLUS, LLC
Attention: Customer Service

1825 Maple Road, Suite 240

Williamsville, New York 14221

  1. Privacy Policy Updates

We may update this Privacy Policy from time to time without prior notice. You can determine when this Policy was last revised by checking the Effective Date. We encourage you to periodically review this privacy policy to ensure you understand our privacy practices. If you have a registered account, we may notify you of any changes to our privacy policy via email and we may ask you to affirmatively acknowledge and consent to the changes the next time you use our Services.

Last Modified: April 12, 2017