Terms of Service and User Privacy Policy for Physical-Play Software

Terms of Service for Physical-Play Software

Effective Date: 2025/10/10

These Terms of Service ("Terms") govern the access to and use of the Physical-Play software application (the "App" or "Services"), provided by Physical-Play Software LLC. ("Provider," "we," "us," or "our").

1. Introduction & Acceptance of Terms

1.1. Agreement to Terms:

By downloading, installing, accessing, or using the App, users signify their binding agreement to these Terms and the accompanying Physical-Play User Privacy Policy ("Privacy Policy"), which is incorporated herein by reference. Accessing or using the App constitutes a legally binding contract between the user and the Provider. It is imperative that users read these Terms and the Privacy Policy carefully before using the App.[1, 2, 3] The clarity and explicit nature of this agreement are fundamental, as the user's acceptance underpins the enforceability of all subsequent provisions, including critical disclaimers regarding health information and limitations on the Provider's liability. A clear acceptance mechanism, such as a checkbox during the App's onboarding process, is recommended to confirm the user's explicit agreement.

1.2. Eligibility and Age Restriction:

The App is intended for use by individuals who are at least 18 years of age, or the age of legal majority in their jurisdiction if older.[1, 4] Alternatively, if the Provider chooses to allow younger users, individuals must be at least 16 years of age and have obtained verifiable consent from a parent or legal guardian to use the App and agree to these Terms on their behalf.[3] By using the App, users represent and warrant that they meet the applicable age requirement and have the legal capacity to enter into these Terms. If a user does not meet these requirements, they are prohibited from accessing or using the App.[1] This age restriction is not merely a procedural formality; it carries significant implications for data privacy compliance (e.g., regulations concerning children's data such as the Children's Online Privacy Protection Act (COPPA) in the United States and the General Data Protection Regulation (GDPR) in Europe) and for managing liability, particularly concerning the health-related activities and information provided within the App.[5, 6, 7, 8] The nature of the exercises described, particularly the "Belly Squeeze Exercise" with its connotations of sexual wellness, further underscores the importance of a clearly defined and appropriate age threshold. Use of the App is also prohibited for any individual who is barred from receiving services under applicable law.[6]

1.3. Changes to Terms:

The Provider reserves the right to modify or update these Terms at any time, at its sole discretion. Users will be notified of any material changes to these Terms through reasonable means, which may include an in-app notification, email, or by posting the revised Terms within the App or on an associated website.[9, 10, 11, 12] The "Last Updated" date at the top of these Terms will indicate when the latest modifications were made. Continued use of the App after such changes have been posted and notification provided will constitute the user's acceptance of the revised Terms.[4] If a user does not agree to the amended Terms, they must cease using the App.

2. About the Software and Services

2.1. General Description:

The App is a software application designed to provide users with guided exercises, tools for tracking their daily exercise data, and features for viewing reports on their activity.

2.2. "Brain Exercise for Alzheimer's Prevention" Feature:

This feature is designed to guide users through exercises involving route planning and navigation, potentially utilizing third-party map services such as Google Maps Street View or Bing Streetside, or virtual world environments. These activities are intended to be combined with physical activity, such as jogging. The stated aim of this feature is to provide a means for users to engage their cognitive functions related to spatial navigation and memory, alongside physical exercise, drawing inspiration from research suggesting such activities may be beneficial for brain health, including in the context of Alzheimer's disease prevention (as described in "Description 1" provided by the software creator). The presentation of this feature and its purported benefits must be carefully balanced with the disclaimers outlined in Section 7.

2.3. "Belly Squeeze Exercise" Feature:

This feature provides guidance for performing the "Belly Squeeze" exercise. The stated benefits associated with this exercise include potential reduction in belly fat, exercise of pelvic floor (PC) muscles with associated advantages for men and women (including improved bladder control, enhanced sexual function, and others as listed in "Description 2" provided by the software creator), and the potential for "Awakening Kundalini Spirit Power." The specific and varied nature of these claims, ranging from physical fitness to spiritual experiences, necessitates clear and comprehensive disclaimers (see Section 7) to manage user expectations and delineate the scope of the App's offerings.

2.4. Data Recording and Reporting Features:

The App includes functionality to record data related to the user's daily exercise activities performed within the App. This data may be used to generate and display reports, such as monthly or yearly summaries, to help users track their engagement and perceived progress.

The manner in which these services are described is directly linked to the scope and specificity of the "No Medical Advice" and "Accuracy of Information" disclaimers in Section 7. The assertive and positive language used in the initial descriptions of the App's features (e.g., "significantly reduce and slow down Alzheimer's," "most effective method," "efficiently reduce belly fat," "Awakening Kundalini Spirit Power") creates a distinct pattern. This pattern of promising specific outcomes necessitates correspondingly robust and explicit disclaimers. These disclaimers are essential for managing user expectations effectively and mitigating potential legal risks that can arise if users perceive the App as making unsubstantiated medical or therapeutic claims. Regulatory bodies, such as the Federal Trade Commission (FTC) in the United States, closely scrutinize health-related claims made by applications and services.

3. Account Registration and Security

3.1. Account Creation:

To access and use certain features of the App, users may be required to create an account ("Account").[1, 6] During the registration process, users agree to provide accurate, current, and complete information as prompted and to update such information to keep it accurate, current, and complete.[1, 3, 4]

3.2. Account Responsibilities and Security:

Users are solely responsible for maintaining the confidentiality of their Account login information, including their password, and for all activities that occur under their Account, whether or not authorized by them.[1, 3, 4, 6] Users must immediately notify the Provider of any unauthorized use of their Account or any other breach of security.[1, 3] The Provider will not be liable for any loss or damage arising from the user's failure to comply with these security obligations.[6] While users bear responsibility for their credentials, the security of information stored within the App, particularly sensitive health data, also imposes obligations on the Provider to implement reasonable technical and organizational security measures, as will be detailed in the User Privacy Policy. A compromised user account could potentially lead to a data breach, and the Provider's own security posture is relevant in such scenarios.[13, 14]

4. License to Use the Software

4.1. License Grant:

Subject to the user's compliance with these Terms, the Provider grants a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App for the user's personal, non-commercial use on a single mobile device owned or otherwise controlled by the user, strictly in accordance with these Terms.[1, 4]

4.2. License Restrictions:

Except as expressly permitted in these Terms or by applicable law, users shall not:

(a) copy the App, except as expressly permitted by this license;

(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App [1, 3, 4];

(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof [1, 15];

(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof [1, 3, 15];

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason; or

(f) use the App for any commercial purposes or in any manner not expressly permitted by these Terms.

These license terms are fundamental to safeguarding the Provider's intellectual property in the App. The restriction to "non-commercial use" is particularly significant if the Provider envisions future monetization strategies, such as offering premium paid versions or enterprise licenses.[1, 3, 4, 15]

5. User Conduct and Responsibilities

5.1. Acceptable Use Policy:

Users agree not to use the App in any way that:

(a) is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;

(b) impersonates any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity [1];

(c) collects, harvests, or stores personally identifiable information about other users of the App without their express permission [1];

(d) damages, disables, overburdens, or impairs the App, the Provider's servers, or networks connected to the App, or interferes with any other party's use and enjoyment of the App [9, 15, 16];

(e) attempts to gain unauthorized access to the App, other user Accounts, computer systems, or networks connected to the App through hacking, password mining, or any other means;

(f) transmits any viruses, worms, defects, Trojan horses, or any items of a destructive nature.[16]

A clearly defined Acceptable Use Policy is essential for maintaining the operational integrity of the App and for fostering a safe environment for all users. It also provides legitimate grounds for the Provider to take action, including account termination, against users who violate these standards. The prohibition against unauthorized collection of other users' data is directly linked to data privacy compliance and becomes increasingly critical if any social or community features are introduced to the App in the future.[1, 16]

5.2. Responsibility for User-Generated Content (If Applicable):

The current scope of the App primarily involves the recording of personal exercise data for individual use. If future versions of the App permit users to create, upload, post, send, receive, or store content that may be visible to others (e.g., public sharing of routes, community forum posts), this section would need to be expanded. In such cases, users would be solely responsible for their User-Generated Content and for ensuring that it does not violate any applicable laws, infringe upon third-party rights (including intellectual property and privacy rights), or contain any Prohibited Content as defined by the Provider.[3, 4]

6. Third-Party Services and Content

6.1. Use of Google Maps / Bing Streetside:

Certain features of the App, particularly the "Brain Exercise for Alzheimer's Prevention" feature, may integrate or rely on functionalities provided by third-party map services, such as Google Maps Street View (provided by Google LLC) or Bing Streetside (provided by Microsoft Corporation). Users acknowledge that their use of these mapping functionalities through the App is also subject to the respective terms of service and privacy policies of Google [9, 10, 11, 15] or Microsoft [12, 17, 18, 19], which users are encouraged to review. Links to the current terms for Google Maps Platform are typically found at https://cloud.google.com/maps-platform/terms/ and Google's Privacy Policy at https://policies.google.com/privacy. Links for Bing Maps terms are generally available via the Bing Maps portal.

The Provider disclaims any responsibility or liability for the accuracy, availability, content, legality, or any other aspect of these third-party map services.[20, 21, 22, 23, 24, 25] Users must comply with all applicable restrictions imposed by Google or Microsoft regarding the use of their mapping services, such as prohibitions on data scraping, unauthorized copying, or use for purposes not permitted by those third parties.[10, 11, 12, 15, 17] The Provider's access to and use of these third-party APIs are governed by specific developer agreements, and user actions within the App must not cause the Provider to violate these agreements. For instance, if a user attempts to misuse mapping features in a way that contravenes Google's or Microsoft's terms (e.g., systematic downloading of map imagery), this could jeopardize the Provider's API access.

6.2. Recommendations for Third-Party Games (e.g., World of Warcraft, Final Fantasy XIV):

The App may suggest or describe the use of third-party online games, such as World of Warcraft or Final Fantasy XIV, as alternative platforms where users might engage in similar navigational or exploration activities. It is crucial to understand that these are merely recommendations or descriptions of potential complementary activities and do not constitute an integration of these games into the App's services.

The use of any such third-party games is entirely at the user's own risk and is governed by the terms of service, privacy policies, and end-user license agreements of the respective game providers (e.g., Blizzard Entertainment, Square Enix). The Provider does not endorse, is not affiliated with, is not responsible for, and has no control over these third-party games, their content, their data collection practices, their security, or their availability.[20, 21, 22, 23] Any issues, fees, or obligations arising from the use of these games are solely between the user and the game provider.

6.3. Links to External Sites/Resources:

The App may contain links or references to external websites, articles, research papers (e.g., "Harvard research," "another source"), or tutorials (e.g., "Google Maps Street View tutorial video"). These links are provided for informational purposes or user convenience only. The Provider makes no representations or warranties regarding, and does not endorse, the content, accuracy, completeness, legality, or safety of any such external sites or resources.[20, 21, 22, 23, 25] Accessing and using any third-party websites or resources is done at the user's own risk, and users should review the terms and privacy policies of those external sites. The inclusion of such links, even for informational purposes like citing research, necessitates these disclaimers to clearly separate the Provider's responsibility from that of the external content source.

The integration of, or reference to, third-party services and content creates a dependency for the App. Changes in the terms, availability, or functionality of services like Google Maps or Bing Streetside could directly impact the App's features.[9, 10, 11] These Terms are structured to allow the Provider flexibility to adapt to such external changes, for instance, by clarifying that features reliant on third-party services are contingent upon the continued and unchanged offering of those services by the third parties.

7. Important Disclaimers

7.1. NO MEDICAL ADVICE DISCLAIMER:

THIS IS A CRITICAL DISCLAIMER. USERS MUST UNDERSTAND AND ACKNOWLEDGE THE FOLLOWING:

THE APP, INCLUDING ALL ITS CONTENT, FEATURES, EXERCISE DESCRIPTIONS, INFORMATION (SUCH AS REFERENCES TO SCIENTIFIC RESEARCH, POTENTIAL HEALTH BENEFITS ASSOCIATED WITH EXERCISES, OR INFORMATION SOURCED FROM AI TOOLS), AND ANY GUIDANCE PROVIDED, IS OFFERED FOR INFORMATIONAL, EDUCATIONAL, AND GENERAL WELLNESS PURPOSES ONLY.[1, 3, 4, 6, 20, 21, 26]

THE APP AND ITS CONTENT ARE NOT INTENDED TO BE, AND MUST NOT BE CONSIDERED, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT FROM A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.[1, 3, 4, 6, 21, 26]

USERS MUST ALWAYS SEEK THE ADVICE OF THEIR PHYSICIAN OR ANOTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS THEY MAY HAVE REGARDING A MEDICAL CONDITION OR SYMPTOM, AND BEFORE STARTING ANY NEW EXERCISE PROGRAM, MAKING ANY CHANGES TO THEIR DIET OR LIFESTYLE, OR MAKING ANY DECISIONS RELATED TO THEIR HEALTH.[1, 3, 4, 20, 26] NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING A USER HAS READ, SEEN, OR DONE THROUGH THE APP.

THE PROVIDER MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY REGARDING ANY SPECIFIC HEALTH OUTCOMES, RESULTS, OR BENEFITS FROM USING THE APP. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS OR SUGGESTIONS RELATED TO THE PREVENTION OR SLOWING OF ALZHEIMER'S DISEASE, REDUCTION IN BELLY FAT, BENEFITS OF PC MUSCLE EXERCISES, OR THE AWAKENING OF "KUNDALINI SPIRIT POWER" OR ANY OTHER ESOTERIC OR SPIRITUAL BENEFITS. ANY RESULTS OR EXPERIENCES, IF ANY, WILL VARY FROM INDIVIDUAL TO INDIVIDUAL.[20, 22, 26]

THE PROVIDER IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL OR CLINICAL SERVICES. NO DOCTOR-PATIENT, THERAPIST-PATIENT, OR SIMILAR PROFESSIONAL RELATIONSHIP IS CREATED OR IMPLIED BY THE USE OF THE APP.[1, 4, 20]

IF A USER EXPERIENCES A MEDICAL EMERGENCY, THEY SHOULD STOP USING THE APP AND CONTACT EMERGENCY MEDICAL SERVICES IMMEDIATELY.

The highly specific nature of the health, wellness, and even spiritual claims mentioned in the App's descriptions (e.g., Alzheimer's prevention, Kundalini awakening) necessitates that these disclaimers go beyond standard medical disclaimers. They must directly address and disclaim these unique assertions to effectively manage user expectations and mitigate liability, as generic disclaimers might prove insufficient against such specific promises.

7.2. ACCURACY OF INFORMATION DISCLAIMER:

While the Provider endeavors to provide useful information, THE PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS, CURRENCY, SUITABILITY, OR RELIABILITY OF ANY INFORMATION, CONTENT, OR MATERIALS PRESENTED IN OR THROUGH THE APP.[4, 20, 21, 22, 23] This includes, without limitation, information related to exercise techniques, purported health benefits, data derived from third-party sources (such as "Harvard research," "another source," or information attributed to "ChatGPT" or other AI tools), and any user-generated content if applicable.

Any information obtained from external sources is provided for general informational purposes only and does not imply endorsement or verification by the Provider. Users' reliance on any information or content provided by the App is solely and entirely at their own risk.[20, 21, 23] The ToS must explicitly clarify that the Provider is not validating or endorsing these external information sources, preventing users from assuming that such information has been independently verified by the Provider.

7.3. ASSUMPTION OF RISK / USE AT YOUR OWN RISK DISCLAIMER:

Users acknowledge and agree that participation in any physical exercise activity, including but not limited to jogging, navigation exercises, and the "Belly Squeeze" exercise, carries inherent risks of physical injury, strain, or other adverse health consequences. Mental exercises or activities aimed at spiritual experiences may also have unforeseen effects.

USERS VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THEIR USE OF THE APP AND PARTICIPATION IN ANY EXERCISES, ACTIVITIES, OR REGIMENS SUGGESTED, DESCRIBED, OR ACCESSED THROUGH THE APP.[1, 4, 20, 22]

The Provider shall not be responsible or liable for any injuries, damages, losses, or health problems that may result from, or be exacerbated by, the user's use of the App or participation in any associated activities. This disclaimer covers risks arising from the physical activities themselves as well as risks associated with acting upon information provided within the App that may be incomplete or misunderstood.

7.4. DISCLAIMER OF WARRANTIES:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND.[1, 2, 3, 20]

THE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.[1, 2, 3]

WITHOUT LIMITATION TO THE FOREGOING, THE PROVIDER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET THE USER'S REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

8. Intellectual Property Rights

8.1. Ownership of the Software and its Content:

The App, including its underlying software, object code, source code, visual interfaces, interactive features, graphics, design, compilation, computer code, products, services, and all other elements and components of the App (collectively, the "App Content"), excluding any User-Generated Content (if applicable) and third-party materials (such as map data from Google Maps or Bing Streetside), and all intellectual property rights therein (including copyrights, patents, trademarks, and trade secrets), are, and shall remain, the exclusive property of the Provider and/or its licensors.[1, 3, 4, 15] These Terms grant users only the limited license to use the App as specified in Section 4.

Users agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App or App Content.[1, 3, 15] The protection of these intellectual property rights is vital for the Provider to maintain the unique value and competitive advantage of the App.

8.2. User Content:

If the App permits users to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to the Provider or in the App, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "User Content"), users retain any ownership rights they have in their User Content. However, by submitting User Content, users grant the Provider a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable license to use, host, store, reproduce, modify, create derivative works from, communicate, publish, publicly perform, publicly display, and distribute such User Content in connection with operating, providing, and improving the App and for the Provider's internal business purposes.[3, 4] This section is more relevant if users can share data or creations; for purely personal data recording, its scope is limited but good to include for future-proofing.

9. Data Collection and Privacy

The Provider is committed to protecting user privacy. The collection, use, storage, sharing, and protection of users' personal information in connection with their use of the App are governed by the Physical-Play User Privacy Policy, which is accessible [Provide a direct link to the User Privacy Policy here, e.g., www.example.com/privacy-policy].

The User Privacy Policy is an integral part of these Terms and is incorporated herein by reference.[2, 6] By agreeing to these Terms, users also acknowledge and agree to the practices described in the User Privacy Policy. This cross-referencing ensures that the comprehensive data handling rules outlined in the Privacy Policy are legally binding on the user as part of their overall agreement with the Provider.

10. Subscription, Fees, and Payment (If Applicable)

The App is currently provided to users [free of charge / under the following subscription model].

(If the App includes paid subscriptions or features, this section must be detailed. If not, it can state the App is currently free but reserve the right to introduce fees in the future with notice.)

Should the Provider offer paid subscription plans or premium features, the following terms would apply:

Subscription Plans and Pricing: Details of available subscription plans, their respective features, and pricing will be provided within the App or on an associated website.[3, 4, 16, 27]

Payment and Billing: Users agree to pay all applicable fees for their chosen subscription. Payments will be processed through a third-party payment processor. Billing will occur on a recurring basis (e.g., monthly, annually) as specified at the time of purchase.[3, 4]

Automatic Renewal: Subscriptions may automatically renew for successive periods unless cancelled by the user prior to the end of the current subscription term.[3, 4]

Cancellation: Users may cancel their subscription at any time through the App's settings or the relevant app store platform. Cancellation will typically take effect at the end of the current billing cycle.[3]

Refunds: Refund policies, if any, will be specified at the time of purchase or in a separate refund policy document.[3]

Including a framework for potential future monetization, even if the App is initially free, can be a prudent measure, as introducing payment terms later necessitates a significant update to the Terms and requires obtaining user consent for the changes.

11. Termination

11.1. Termination by User:

Users may terminate their Account and cease using the App at any time. Instructions for account deletion may be available within the App or by contacting Provider support.[3, 4]

11.2. Termination by Provider:

The Provider reserves the right, in its sole discretion, to suspend, restrict, or terminate a user's access to and use of the App, or any part thereof, with or without prior notice, for any reason, including, but not limited to:

(a) any breach or violation of these Terms or the Privacy Policy;

(b) engaging in any activity that is harmful to the App, the Provider, or other users;

(c) requests by law enforcement or other government agencies;

(d) discontinuance or material modification of the App or any part thereof; or

(e) unexpected technical or security issues or problems.[3, 4, 16, 27]

While the Provider may terminate for any reason, termination "for cause" (i.e., due to a user's breach) is a more standard and defensible position.

11.3. Effect of Termination:

Upon termination of a user's Account or access to the App, their right to use the App will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. The Provider may, in its discretion, delete the user's Account and associated data upon termination, subject to the data retention practices outlined in the Privacy Policy.[16, 27] No refunds will typically be provided for any pre-paid fees upon termination, unless otherwise specified or required by law.

Termination clauses are crucial for defining the cessation of the user-Provider relationship and for empowering the Provider to remove users who misuse the service or violate the terms, thereby protecting the integrity of the App and its user base.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USER'S ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP OR ANY CONTENT OR SERVICES THEREIN.[1, 2, 16, 27]

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.[2]

SPECIFICALLY, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PROVIDER SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM RESULTING FROM THE USER'S RELIANCE ON ANY INFORMATION OR GUIDANCE PROVIDED BY THE APP, OR FROM PARTICIPATION IN ANY EXERCISES OR ACTIVITIES SUGGESTED BY THE APP.[1]

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY THE USER TO THE PROVIDER FOR USE OF THE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00), IF THE APP IS PROVIDED FREE OF CHARGE.[1, 2]

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL USERS. IN SUCH JURISDICTIONS, THE PROVIDER'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.[20]

This Limitation of Liability clause is one of the most critical provisions for protecting the Provider from excessive financial exposure arising from potential lawsuits or claims. Its effectiveness is contingent upon its clarity and permissibility under the governing law. This clause operates in tandem with the disclaimers in Section 7; while disclaimers aim to prevent liability from arising, the Limitation of Liability clause seeks to cap the damages if liability is nonetheless established.

13. Indemnification

Users agree to indemnify, defend, and hold harmless the Provider and its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) the user's access to or use of the App;

(b) User Content provided by the user (if applicable);

(c) the user's violation of these Terms or any applicable law or regulation;

(d) the user's infringement or violation of any rights of another party, including any intellectual property rights or privacy rights; or

(e) any disputes or issues between the user and any third party.

The Provider reserves the right, at the user's expense, to assume the exclusive defense and control of any matter for which the user is required to indemnify the Provider, and the user agrees to cooperate with the Provider's defense of these claims. This clause serves to shift the financial responsibility to the user for issues or legal claims that arise due to their actions or misuse of the App.

14. Governing Law and Dispute Resolution

14.1. Governing Law:

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of, without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the specified jurisdiction.[28, 29, 30] The choice of governing law is a strategic decision that can significantly affect how disputes are interpreted and resolved. While Taiwan has been mentioned as an example based on research, the Provider must confirm the intended jurisdiction, typically where the business is primarily based or registered.

14.2. Dispute Resolution:

(a) Informal Negotiation: The parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the App, through good faith informal negotiations.

(b) Binding Arbitration: If the dispute cannot be resolved through informal negotiations within a reasonable timeframe (e.g., thirty (30) days), then, except for certain excluded disputes (such as claims for injunctive relief or intellectual property infringement claims that may be brought in court), any such dispute shall be resolved by binding arbitration administered by. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties or appointed in accordance with the rules of the chosen arbitration body. The language of the arbitration shall be English (or another specified language). The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.[28, 29]

(c) Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USERS AND THE PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both the user and the Provider agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.[2]

(d) Court Proceedings: In the event that arbitration is not applicable or enforceable, or for the enforcement of any arbitration award, the parties consent to the exclusive jurisdiction of the courts located in.[29]

Arbitration is often preferred by businesses as it can be faster, less expensive, and more private than traditional court litigation. However, the enforceability of arbitration clauses and class action waivers can vary by jurisdiction.

15. Miscellaneous

15.1. Severability:

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15.2. Entire Agreement:

These Terms, together with the Physical-Play User Privacy Policy (which is incorporated herein by reference), constitute the sole and entire agreement between the user and the Provider with respect to the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the App.

15.3. No Waiver:

No waiver by the Provider of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Provider to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4. Assignment:

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by the user, but may be assigned by the Provider without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

15.5. Contact Information:

If users have any questions about these Terms, they may contact the Provider at: physical.play3@gmail.com.[2]

These "boilerplate" clauses are standard legal provisions that are important for the proper interpretation, functioning, and enforcement of the Terms. For example, the "Entire Agreement" clause prevents parties from later claiming that other, unwritten agreements or promises were made that contradict these written Terms.

16. Software Updates

The Provider may, from time to time in its sole discretion, develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates").[1, 4, 9, 10, 11] Updates may also modify or delete in their entirety certain features and functionality.

Users agree that the Provider has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the App. Depending on the mobile device settings, when a user's mobile device is connected to the internet, either:

(a) the App will automatically download and install all available Updates; or

(b) users may receive notice of or be prompted to download and install available Updates.

Users shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should they fail to do so.[1] Users further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these Terms.

The Provider reserves the right, at any time, to modify, suspend, or discontinue the App, or any part or feature thereof, with or without notice (though providing notice for material changes or discontinuation is a good practice).[4, 9] Users agree that the Provider will not be liable to them or to any third party for any modification, suspension, or discontinuance of the App or any part thereof.

This clause is important for managing user expectations regarding the App's evolution. Software is dynamic, and Providers need the flexibility to issue updates for security, functionality, or to change or even discontinue features or the App itself.

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User Privacy Policy for Physical-Play Software

Effective Date: 2025/10/10

This User Privacy Policy ("Privacy Policy") describes how Physical-Play Software LLC. ("Provider," "we," "us," or "our") collects, uses, shares, and protects the personal information of individuals ("users," "you," or "your") who use the Physical-Play software application (the "App").

1. Introduction

1.1. Purpose of the Policy:

This Privacy Policy is designed to help users understand what personal information we collect, why we collect it, how we use it, with whom we may share it, and the choices users have regarding their information.[5, 8, 31, 32] This document is a cornerstone of transparency and is intended to build trust with our users by clearly outlining our data handling practices.

1.2. Definitions:

For the purposes of this Privacy Policy:

"Personal Data" or "Personal Information" means any information relating to an identified or identifiable natural person.

"Processing" means any operation or set of operations which is performed on Personal Data, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

"Data Controller" means the natural or legal person who (alone or jointly with others) determines the purposes and means of the Processing of Personal Data. For the App, the Provider is the Data Controller.

(Additional definitions may be included if targeting specific regions with distinct legal terminology, e.g., under GDPR [5]).

1.3. Acknowledgement and Consent:

By downloading, installing, accessing, or using the App, users acknowledge that they have read and understood this Privacy Policy and agree to the collection, use, and sharing of their Personal Data as described herein. Where required by applicable law (for example, for the collection and processing of sensitive health data or location data), we will seek explicit consent separately.[13, 14, 33] If users do not agree with this Privacy Policy, they must not use the App.

2. Information We Collect

We collect various types of Personal Information in connection with the provision and use of the App. The collection of "daily exercise data" and any resulting reports or analyses constitutes the collection of "health data," which is recognized as a special category of Personal Data under laws like the GDPR and is considered sensitive information under many other data protection frameworks.[7, 34] This classification necessitates heightened obligations regarding consent, security, and purpose limitation, which are addressed throughout this Policy.

2.1. Table: Summary of Data Collection Practices

To enhance transparency and meet legal disclosure requirements, the following table provides an overview of our data collection practices.[5] This table aims to make complex information more accessible and understandable, aligning with principles of data protection laws such as the GDPR (Articles 13 & 14) and CCPA.

physical.play3@gmail.com

https://www.facebook.com/profile.php?id=100085298182576

How We Collect It: User input during account registration and profile setup.

Purpose of Collection/Use: To create and manage user accounts; To provide access to App features; To communicate with users.

Legal Basis for Processing (Example: GDPR): Performance of a contract (to provide the App service); Legitimate interest (for account management and communication).

Third Parties We May Share This Specific Data With (and Why): None, unless using a third-party authentication service (which would be specified).

Exercise Data (e.g., type of exercise performed - brain navigation, belly squeeze; duration, frequency, intensity, performance metrics; data for reports)

How We Collect It: User input and automatic recording during App usage when performing exercises.

Purpose of Collection/Use: To track user's exercise activities; To generate personal progress reports; To enable App functionalities related to exercise tracking.

Legal Basis for Processing (Example: GDPR): Explicit Consent (as this is sensitive health data); Performance of a contract (to provide core App features).

Third Parties We May Share This Specific Data With (and Why): None by default. Aggregated and anonymized data may be used for research (see Section 3.3).

Location Data (Precise geolocation)

How We Collect It: Via device GPS/location services when user enables and uses map-based navigation features (e.g., with Google Maps Street View or Bing Streetside integration). Collection is optional.

Purpose of Collection/Use: To enable real-time navigation for brain exercises; To provide location-aware features.

Legal Basis for Processing (Example: GDPR): Explicit Consent (as location data can be sensitive and is collected for specific features).

Third Parties We May Share This Specific Data With (and Why): Map service providers (e.g., Google, Microsoft) to the extent necessary to provide the mapping/navigation service (e.g., sending current coordinates for route display). This sharing is limited to the functionality of the map service.

Device and Usage Information (e.g., device type, OS, IP address, unique device identifiers, App version, crash reports, access times, language settings)

How We Collect It: Automatically collected when the user interacts with the App.

Purpose of Collection/Use: To ensure App compatibility and optimize performance; For troubleshooting and bug fixing; For security purposes; For analytics to understand App usage and improve services.

Legal Basis for Processing (Example: GDPR): Legitimate interest (to maintain and improve the App, ensure security); Consent (for certain analytics cookies/trackers if applicable).

Third Parties We May Share This Specific Data With (and Why): Analytics providers (using aggregated or de-identified data where possible).

Communications Data (e.g., user feedback, support requests, survey responses)

How We Collect It: When users voluntarily communicate with us.

Purpose of Collection/Use: To respond to inquiries and provide support; To gather feedback for App improvement.

Legal Basis for Processing (Example: GDPR): Legitimate interest (to provide customer service and improve the App); Consent (for surveys).

Third Parties We May Share This Specific Data With (and Why): None, unless a third-party platform is used for support ticketing (which would be specified).

Cookies and Similar Tracking Technologies (if used within the App or associated web services)

How We Collect It: Automatically when users interact with the App or associated services.

Purpose of Collection/Use: To remember user preferences; For analytics; To ensure proper App functioning.

Legal Basis for Processing (Example: GDPR): Consent (for non-essential cookies); Legitimate interest (for essential cookies).

Third Parties We May Share This Specific Data With (and Why): Analytics providers.

2.2. Personal Information You Provide:

Account Registration Details: When users create an Account, we collect information such as their name (or username), email address.

Profile Information: Users may voluntarily provide additional information for their profile, such as age or gender, which might be used to personalize exercise recommendations or reports.

Communications: If users contact us for support, provide feedback, or participate in surveys, we will collect the information they provide in such communications.

2.3. Exercise Data (Sensitive Health Information):

The App is designed to record details of users' exercise activities, including:

Types of exercises performed (e.g., "Brain Exercise for Alzheimer's Prevention" involving navigation, "Belly Squeeze Exercise").

Metrics related to these exercises, such as duration, frequency, intensity (if applicable), and any performance data recorded by the App.

This data is used to provide users with features like daily exercise logs and monthly/yearly progress reports.

Given the nature of this data as health-related information, we will obtain explicit consent from users before collecting and processing it.[7, 34]

2.4. Location Data:

For features that involve map-based navigation (e.g., using Google Maps Street View or Bing Streetside for the "Brain Exercise"), the App may request access to the user's precise geolocation data from their mobile device.[7, 31]

Collection of location data is optional and will only occur if the user explicitly grants permission through their device settings (e.g., "Allow only while using the app").

Users can revoke this permission at any time through their device settings, though doing so may limit the functionality of location-dependent features.

The purpose of collecting location data is solely to enable the navigational aspects of the specified exercises.

2.5. Device and Usage Information (Automatically Collected):

When users access or use the App, we may automatically collect certain information about their device and their interaction with the App, including [8, 31]:

Device Information: Device model, operating system and version, unique device identifiers (e.g., IP address, Android ID, Apple IDFA - if collected, consent may be required), screen resolution, and mobile network information.

Usage Information: Features used, pages viewed, interactions with App elements, access times and dates, App version, language preferences, and crash data or error reports.

2.6. Information from Third Parties:

Currently, we do not anticipate routinely collecting Personal Information from third parties, other than as necessary for the functioning of integrated services like map providers (as detailed above). If this changes, this Policy will be updated.

2.7. Cookies and Tracking Technologies:

The App or associated web services may use cookies (small text files placed on a user's device) and similar tracking technologies (e.g., pixels, web beacons, SDKs) to collect information about user interactions, remember preferences, support security features, and for analytics purposes.[5, 8, 32] We will provide more detailed information about our use of cookies and how users can manage their preferences, potentially through a separate Cookie Notice if usage is extensive. For non-essential cookies, user consent will be obtained where required by law.

3. How We Use Your Information

We use the Personal Information we collect for the following purposes, adhering to the principle of "purpose limitation" which dictates that data should only be used for specified, explicit, and legitimate purposes communicated to the user [5, 7, 8, 13, 14, 31, 32]:

3.1. To Provide and Improve Services:

To create and manage user Accounts.

To enable users to access and use the features of the App, including exercise tracking, navigation functionalities, and report generation.

To maintain, operate, and improve the App's performance, stability, and security.

To develop new features, functionalities, and services.

3.2. To Personalize User Experience:

To tailor content, exercise suggestions, or App features to user preferences or profile information (if such personalization is implemented and consented to).

3.3. For Research and Development:

We may use Personal Information in an anonymized and aggregated form for internal research, statistical analysis, and to understand exercise patterns and user engagement with the App. This helps us improve our services. Robust anonymization or pseudonymization techniques are critical when using data for research. If data remains identifiable, it is still considered Personal Data, and its use for research purposes might require separate, specific consent. We are committed to ensuring that any data used for R&D cannot be used to re-identify individual users unless specific consent for such research use has been obtained.

3.4. To Communicate with Users:

To send users important service-related notifications, such as updates to our Terms or this Privacy Policy, security alerts, or information about their Account.

To respond to user inquiries, support requests, and feedback.

To send promotional or marketing communications about new features, offers, or other news regarding the App, but only if the user has explicitly opted-in to receive such communications. Users can opt-out of marketing communications at any time.[5]

3.5. To Ensure Security and Prevent Fraud:

To monitor and analyze App usage to detect and prevent fraudulent activity, security incidents, or violations of our Terms.

To protect the rights, property, and safety of our users, the Provider, and the public.

3.6. To Comply with Legal Obligations:

To comply with applicable laws, regulations, legal processes (such as court orders or subpoenas), or governmental requests.

To enforce our Terms and establish, exercise, or defend legal claims.

4. How We Share Your Information

We do not sell users' Personal Information. We will only share Personal Information with third parties in the following circumstances [5, 7, 8, 31, 32]:

4.1. With Third-Party Service Providers:

We may share Personal Information with trusted third-party companies and individuals who perform services on our behalf to help us operate, provide, improve, understand, customize, support, and market the App. These services may include:

Cloud hosting and data storage.

Analytics services (to help us understand App usage).

Payment processing (if applicable for subscriptions).

Customer support platforms.

Map Service Providers: If users utilize features requiring map-based navigation, certain data (such as current location coordinates, destination, or route requests) may be shared with Google (for Google Maps) or Microsoft (for Bing Maps) solely to enable the provision of their mapping and navigation services within the App. The data shared is limited to what is necessary for the functionality, and these providers process this data according to their own terms and privacy policies.[10, 11, 12, 17]

These service providers are granted access to Personal Information only to the extent necessary to perform their designated functions and are contractually obligated to maintain the confidentiality and security of the data, and to process it only in accordance with our instructions and applicable data protection laws. We conduct due diligence on our third-party service providers to ensure they have adequate data protection measures in place, as we may remain liable for how they handle user data.

4.2. Aggregated or Anonymized Data:

We may share data that has been aggregated and anonymized (i.e., data that cannot be used to identify an individual user) with third parties for research, analytics, industry analysis, or other legitimate business purposes.

4.3. Legal Requirements and Business Transfers:

We may disclose Personal Information if we believe in good faith that such disclosure is necessary to:

Comply with a legal obligation, applicable law, regulation, or valid legal process (e.g., subpoena, court order, government request).

Protect and defend our rights or property, or the safety of our users or the public.

Detect, prevent, or otherwise address fraud, security, or technical issues.

In connection with a corporate transaction, such as a merger, acquisition, divestiture, consolidation, or sale of all or a portion of our assets. In such an event, we will notify users (e.g., via email or a prominent notice in the App) if their Personal Information becomes subject to a different privacy policy.

4.4. With User Consent:

We may share Personal Information with other third parties if we have the user's explicit consent to do so.

4.5. No Sale of Personal Information:

We confirm that we do not "sell" Personal Information as the term "sell" is defined under laws like the California Consumer Privacy Act (CCPA).[8] The definition of "sale" under CCPA can be broad, encompassing sharing for monetary or other valuable consideration. Our data sharing practices, as described above, are not intended to constitute such a sale.

5. Data Security

We are committed to protecting the security of users' Personal Information. We implement a variety of technical and organizational security measures designed to protect Personal Information from unauthorized access, use, disclosure, alteration, loss, or destruction, appropriate to the sensitivity of the information being processed.[5, 7, 13, 14, 31, 32, 34] These measures include:

Encryption of data in transit (e.g., using HTTPS/TLS) and at rest (where appropriate).

Access controls to limit access to Personal Information to authorized personnel who have a legitimate need to know.

Secure server environments and infrastructure.

Regular security assessments, vulnerability scanning, and penetration testing (as appropriate).

Data backup and disaster recovery procedures.

The security measures implemented are proportional to the risks involved and the nature of the Personal Data, particularly the sensitive health data processed by the App.[13, 14, 34]

However, users should be aware that no security system is impenetrable, and we cannot guarantee the absolute security of Personal Information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. Users also play a role in protecting their data by maintaining the confidentiality of their Account passwords and practicing good online security habits.

6. Data Retention

We will retain users' Personal Information only for as long as it is necessary to fulfill the purposes for which it was collected, as described in this Privacy Policy, or for as long as required by applicable law, to resolve disputes, or to enforce our agreements.[5, 7, 13, 14] This aligns with the "storage limitation" principle, which discourages the indefinite hoarding of data.[13, 14]

The criteria used to determine our retention periods include:

The length of time users have an active Account with us.

The necessity of the data to provide the App's services.

The sensitivity of the Personal Information.

Applicable legal or regulatory requirements (e.g., statutes of limitations, financial record-keeping obligations).

Our legitimate business needs (e.g., for backup and archival purposes, to defend against potential legal claims).

For example, exercise data may be retained as long as a user's Account is active and for a defined period after Account deletion for purposes such as allowing account reactivation or for backup integrity, after which it will be anonymized or securely deleted. Clear data retention policies help manage user expectations regarding the lifecycle of their data.

7. Your Privacy Rights

Users have certain rights regarding their Personal Information, subject to local data protection laws. We are committed to facilitating the exercise of these rights. These rights may include [5, 7, 8, 13, 14, 31, 32, 33, 35]:

Right to Access: The right to request access to the Personal Information we hold about them and to receive a copy of it.[7, 8, 33]

Right to Rectification: The right to request that we correct any inaccurate or incomplete Personal Information we hold about them.[7, 14]

Right to Erasure (Right to be Forgotten): The right to request that we delete their Personal Information under certain conditions (e.g., if the data is no longer necessary for the purposes for which it was collected, or if consent is withdrawn and there is no other legal ground for processing).[7, 8, 14, 33]

Right to Restrict Processing: The right to request that we restrict the processing of their Personal Information under certain circumstances (e.g., if the accuracy of the data is contested, or if the processing is unlawful).[7]

Right to Data Portability: The right to request to receive their Personal Information in a structured, commonly used, and machine-readable format, and to have this information transmitted to another data controller where technically feasible, if the processing is based on consent or a contract and is carried out by automated means.[7, 32]

Right to Object to Processing: The right to object to the processing of their Personal Information where it is based on our legitimate interests, or for direct marketing purposes.[7]

Right to Withdraw Consent: Where our processing of Personal Information is based on user consent (e.g., for sensitive health data, location data, or marketing communications), users have the right to withdraw their consent at any time. Withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.[7, 13]

Rights Related to Automated Decision-Making and Profiling: The right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, unless certain conditions are met (e.g., it is necessary for entering into or performing a contract, is authorized by law, or is based on explicit consent). (This is more relevant if the App uses complex algorithms for significant decisions about users)..[7]

How to Exercise Your Rights:

Users can exercise their privacy rights by contacting us using the contact details provided in Section 12 ("Contact Us") of this Privacy Policy. We may need to verify a user's identity before processing their request. We will respond to requests within the timeframes required by applicable law. While these rights are listed, it is important for the Provider to have internal procedures in place to efficiently and compliantly handle Data Subject Access Requests (DSARs), as failure to do so can result in significant penalties under laws like GDPR.[8]

Right to Lodge a Complaint:

Users may also have the right to lodge a complaint with a competent data protection supervisory authority in their country of residence or place of work, or where an alleged infringement of data protection law occurred, if they believe that our processing of their Personal Information violates applicable data protection laws.[7]

The specific rights available to users can vary depending on their jurisdiction (e.g., GDPR for users in the European Economic Area, CCPA for California residents, Taiwan's PDPA). This Policy aims to uphold a high standard of data protection that addresses common requirements across these frameworks.

8. Children's Privacy

The App is not directed to, nor intended for use by, children under the age of 18 (or 16 with verifiable parental consent, if the Provider establishes such a mechanism consistent with Section 1.2 of the Terms of Service).[3, 4, 5, 6, 7, 8]

We do not knowingly collect Personal Information from children under this age without appropriate parental consent where required. If we become aware that we have inadvertently collected Personal Information from a child below the specified age without such consent, we will take reasonable steps to delete that information from our records as soon as possible. If a parent or guardian believes that their child has provided us with Personal Information without their consent, they should contact us using the details in Section 12.

Given the health-related nature of the App and the specific exercises described (particularly the "Belly Squeeze Exercise"), establishing a clear and appropriately high age limit (e.g., 18, or 16 with robust, verifiable parental consent) and strictly adhering to it is the safest approach to comply with laws like COPPA and GDPR concerning children's data and to mitigate risks associated with providing health-related information to minors.

9. International Data Transfers

Users' Personal Information may be transferred to, stored in, and processed in countries other than their country of residence or the country from which they access the App. These countries may have data protection laws that are different from the laws of their country. For example, our servers or the servers of our third-party service providers may be located in the United States or other jurisdictions.

If we transfer Personal Information across borders, we will take appropriate safeguards to ensure that the information receives an adequate level of protection in the jurisdiction to which it is transferred, in accordance with applicable data protection laws. These safeguards may include relying on adequacy decisions issued by relevant authorities (e.g., the European Commission), implementing Standard Contractual Clauses (SCCs) approved by relevant authorities, or obtaining user consent for the transfer where required. International data transfers are a complex legal area, and simply stating that data "may be transferred" is insufficient; the legal mechanism underpinning such transfers must be identified and implemented.

10. Links to Other Websites/Third-Party Services

The App may contain links to other websites, applications, or services that are not operated or controlled by us (e.g., links to Google Maps, Bing, game websites, research articles, or tutorials) ("Third-Party Services"). This Privacy Policy does not apply to such Third-Party Services.[7, 20, 21, 22, 23, 25]

We are not responsible for the privacy practices or the content of these Third-Party Services. We encourage users to review the privacy policies of any Third-Party Services they visit or use before providing any Personal Information to them. This clause clarifies that our privacy commitments do not extend to external sites or services that users may access via links from our App, thereby managing user expectations and limiting our liability for the practices of these third parties.

11. Changes to This Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time to reflect changes in our data practices, the App's features, or applicable laws and regulations. We will notify users of any material changes by posting the revised Privacy Policy within the App, by sending an email to the address associated with their Account, or through other reasonable means. The "Effective Date" at the top of this Privacy Policy will indicate when the latest modifications were made.

Users are encouraged to review this Privacy Policy periodically. Continued use of the App after any changes to this Privacy Policy have been posted and notification provided will constitute the user's acknowledgement and acceptance of such changes. Privacy laws and business practices evolve, making it necessary for this Privacy Policy to be a "living document" that is regularly reviewed and updated.[5, 8, 32] Some laws, like the CCPA, may require policies to be updated at least annually.

12. Contact Us

If users have any questions, comments, or concerns about this Privacy Policy, our data practices, or if they wish to exercise their privacy rights, they may contact us at:

physical.play3@gmail.com

https://www.facebook.com/profile.php?id=100085298182576