Version 1. 28 October 2018
Life Ninja Limited – Terms of Service
1.1 You agree that You are 13 or older and should You be between the age of 13 and 18 Your legal guardian or parent has reviewed this agreement and consented for You to utilise Our application in an appropriate manner. Where the age of adulthood is greater than 18 then You agree Your legal guardian or parent has reviewed this agreement and consented for You to utilise Our application in an appropriate manner.
The Products transacted through the Services are licensed, not sold, to You for use only under the terms of this license. The Application Provider reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.” The Licensed Application is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) and/or with Google’s operating system (“Android”) and the aforementioned devices are referenced in this license as “Devices”. The App Store Terms and Conditions and Google Play Terms of Service are referenced in this license as “Usage Rules”.
- Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any Devices that You own or control and as permitted by the Usage Rules. This license does not allow You to use the Licensed Application on any Devices that You do not own or control (unless You are granted permission by the device owner or You grant another user to use Your device), and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- Termination. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
- Advertising; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party advertising and web sites (collectively and individually, “Services”).
While best efforts are made to ensure the quality of all content made available through our applications is wholesome and un-offensive where third parties for example advertisers are incorporated you understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to You.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Devices are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
- No Warranty: You expressly acknowledge and agree that use of the licensed application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the license application and any services performed or provided by the licensed application (“services”) are provided “as is” and “as available,” with all faults and without warranty of any kind, and application provider hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Application provider does not warrant against interference with your enjoyment of the licensed application, that the functions contained in, or services performed or provided by, the licensed application will meet your requirements, that the operation of the licensed application or services will be uninterrupted or error-free, or that effects in the licensed application or services will be corrected. No oral or written information or advice given by application provider or its authorised representative shall create a warranty. Should the licensed application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
- Limitation of Liability: To the extent not prohibited by law, in no event shall We as the Application Provider be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if application provider has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
- In the event of the Application Provider being found to be liable for whatever reasons tangible or intangible You explicitly agree that in no event shall the Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of 20 Pounds (£20.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- You may not use or otherwise export or re-export the Licensed Application except as authorised by English law and the laws of the jurisdiction in which the Licensed Application was obtained.
- The Licensed Application, content and related documentation are “Commercial Items”, all data, coding, imagery, content and any other information protected by the copyright laws of England.
- Life Ninja Limited and the various applications including GCSE are Trade Marks and the sole property without reservation of Life Ninja Ltd.
- If Life Ninja Ltd is involved in a merger, acquisition, or sale of all or a portion of its assets, this agreement You enter into by downloading and or using the application will pass over to the new owners and You agree that You continue to remain bound by the terms of this agreement.
- The laws of England govern this license and Your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
1.3 HIIT Revolution involves a variety of health and fitness exercise and instructional content, Please consult your physician before beginning this or any exercise program. This is especially important for persons partaking in dramatic lifestyle changes or who have pre-existing health problems. Tbag Games Limited in its own right or under the Life Ninja trading style assumes no responsibility for personal injury or property damage sustained by or through the use of this or any of its other products.
HIIT Revolution is in no way intended to be a substitute for professional exercise or professional medical advice. Discontinue any exercise that causes you pain, severe discomfort, nausea, dizziness, or shortness of breath and consult a medical expert. Start slowly and at the level that is appropriate for you. Not all exercise plans are suitable for everyone.
1.4 Quit Sugar involves a tool for setting and recording sugar reduction goals. It in no way offers advice other than the generic mention of commonly accepted information, nine of which is to be regarded as Medical and Professional Advice. Any dietary or exercise changes should be taken under professional and or medical advisement.
1.5 GCSE Ninja (Lit) is a tool to assist GCSE students in their English Literature studies. This tool doesn’t position itself as an alternative or replacement to traditional studies and in no way can be held responsible for any negative examination results or learning outcomes.
Version 1. 28 October 2018
WHAT INFORMATION DOES THE APPLICATION OBTAIN AND HOW IS IT USED?
User Provided Information
The Application obtains the information You provide when You download and register the Application. Registration with Us is optional. However, please keep in mind that You may not be able to use some of the features offered by the Application unless You register with Us.
When You register with Us and use one of the Applications, You may provide (a) Your name, email address, age, user name, password and other registration information; (b) transaction-related information, such as when you respond to any offers, or download or use applications from us; (c) information You provide Us when You contact Us for help; (d) information You enter into Our system when using the Application, such as contact information and chosen username.
We operate on a minimum user footprint policy in keeping with GDPR rules and guidelines.
We may also use the information You provided Us to contact You from time to time to provide You with important information, required notices and marketing promotions. Any permission for communications from Life Ninja Limited or affiliates must be given explicitly by you and recorded as such.
Automatically Collected Information
In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile devices unique device ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browsers You use, and information about the way You use the Application.
Do third parties see and/or have access to information obtained by the Application?
Yes, we will share your information with third parties only in the ways that are described in this privacy statement. Such as where relevant and agreed to, to advertisers and third party advertising networks and analytics companies as described in the section below to other users as required to fulfil the scope of the game or other genre applications (such as sharing Your username with another user should You choose to challenge or play directly or share information with another user.)
We may disclose User Provided and Automatically Collected Information:
As required by law, such as to comply with a legal order, or similar legal process; when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; with Our trusted services providers who work on Our behalf, do not have an independent use of the information We disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
If Life Ninja Ltd is involved in a merger, acquisition, or sale of all or a portion of its assets, this agreement You enter into by downloading and using the application will pass over to the new owners and You agree that You continue to remain bound by the terms of this agreement.
AUTOMATIC DATA COLLECTION AND ADVERTISING
We may work with analytics companies to help Us understand how the Application is being used, such as the frequency and duration of usage. We work with advertisers and third party advertising networks, who need to know how You interact with advertising provided in the Application which helps Us to provide the use of this application free to Our users. Advertisers and advertising networks use some of the information collected by the Application, including, but not limited to, the unique identification ID of Your mobile device and Your mobile telephone number. We may choose to use an encryption technology to help ensure that these third parties can’t identify You personally. These third parties may also obtain information about other applications You’ve downloaded to Your mobile device, the mobile websites You visit, Your non-precise location information (e.g., Your postal code), and other non- precise location information in order to help analyse and serve targeted advertising on the Application and elsewhere. We may also use information You have provided in order to enable our partners to append other available information about You for analysis or advertising related use.
WHAT ARE MY OPT-OUT RIGHTS?
OPT-OUT OF ALL INFORMATION COLLECTION BY UNINSTALLING THE APPLICATION: YOU CAN STOP ALL COLLECTION OF INFORMATION BY THE APPLICATION EASILY BY UNINSTALLING THE APPLICATION. YOU MAY USE THE STANDARD UNINSTALL PROCESSES AS MAY BE AVAILABLE AS PART OF YOUR MOBILE DEVICE OR VIA THE MOBILE APPLICATION MARKETPLACE OR NETWORK.
For further rights such as the right to be forgotten read to the end of this document.
DATA RETENTION POLICY, MANAGING YOUR INFORMATION
We will retain User Provided data for as long as You use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If You would like us to delete User Provided Data that You have provided via the Application, please contact Us at firstname.lastname@example.org and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.
If a parent or guardian becomes aware that his or her child has provided Us with information without their (the parent or guardians) consent, he or she should contact Us at email@example.com. We will delete such information from Our files within a reasonable time.
We are concerned about safeguarding the confidentiality of Your information. We provide physical, electronic, and procedural safeguards to protect information We process and maintain. For example, We limit access to this information to authorised employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although We endeavour to provide reasonable security for information We process and maintain, no security system can prevent all potential security breaches.
Where a mobile application includes subscriptions the relevant subscription terms are detailed in both the App Store and Google Play store as well as the application itself.
ACCEPTANCE OF THE STANDARD APP STORE AND GOOGLE PLAY TERMS AND CONDITIONS AND PRIVACY POLICIES.
In addition to the terms of this policy document Life Ninja Limited reserves the right to insist that the user by accepting this policy agrees to be subject to any of the terms of the standard App Store and Google Play Store terms and conditions and privacy policies at the sole discretion of Life Ninja Limited
For citizens of the European Union, you should know that Life Ninja Limited is a controller and a processor of your personal information. The legal bases for which we collect and use the information described above depends on what the information is and why we collected it. The four bases upon which we rely include:
Contract. This means we need the information to perform our contract with you. For example, to record your username to a high scores list we would need to use your username, sending it to the server where the high scores list is stored to be made visible to you and the other users.
Legitimate Interests. This means we have a legitimate interest that does not outweigh your privacy rights. When we collect and process information based on our legitimate interests, we consider how we can accomplish what we need to in a way that is the least obtrusive on your privacy. For example, it is in our interest to protect your safety and security in the app, so we collect and use information that has been flagged by users or requested by law enforcement; to make sure you are satisfied with how the Services work, troubleshoot technical problems or develop new features, we collect and use information about how you and others use the Services; and to respond to your service inquiries, we collect and use information in that request and, if relevant to the inquiry, information about how you access and use the Services.
Legal Obligation. We may need to use your personal information to comply with a law enforcement preservation request, subpoena, or other legal process or to protect the rights of other users.
Consent. If we have no other legal basis for collecting or using your information, we will ask you for consent for a specific purpose. If we do, you have the right to withdraw consent at any time. Withdrawing your consent will not apply to any processing conducted in reliance on lawful processing bases other than consent.
EU Users’ Rights
In addition to other rights detailed in the policy (such as requesting deletion, correction or updating of your personal information), EU citizens have certain rights regarding your personal information, including:
Right to Object or Restrict Processing. You have the right to object to or restrict our use of your personal information for direct marketing purposes or under certain circumstances when the legal bases for using your information is based upon our legitimate interest. If you wish to object to our use of your information, you can send us a request to delete your account by emailing firstname.lastname@example.org
Right to Erasure. Life Ninja Limited only obtains the minimum data to deliver you Life Ninja services, The data is as non identifiable as possible. You have the right to have your personal data erased and no longer processed in certain circumstances. You can send us a request to delete your account by emailing email@example.com Upon receiving the request, we will make a reasonable effort to delete your personal information from the app if applicable and from our internal network within a reasonable period of time as long as we are not obligated to preserve your information due to things like law enforcement preservation requests, subpoenas, investigations, litigation, or otherwise meet any of our other legal obligations including a clear attributable record of what could be regarded as financial transactions. We may also retain depersonalized information after deletion.
Data Portability. You can exercise your right to export your personal data by emailing firstname.lastname@example.org
File a Complaint. You have the right to complain to the data protection authority. To find contact details email@example.com and we will endeavour to assist you. Alternatively contact the Information Commissioners Office https://ico.org.uk/your-data-matters/raising-concerns/
If You have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at firstname.lastname@example.org