Shifta Terms of Use & Privacy Policies
1. GENERAL INFORMATION
1.1 SHIFTA PRODUCTS
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on shifta.app (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Shifta). Please read these terms and conditions, carefully before ordering any Shifta Products. The terms “Shifta,” “us”, “we”, or “our” refers to Shifta. The term “Device” refers to the device which is used to access the Products including but not limited to computers, smart phones and tablets. The term “you” refers to the user of the Products. The term “Order” refers to the purchase of, or request for access and/or use. When you Order any Products, or otherwise gain access to the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept the Terms and Conditions” at the appropriate place prior to your purchase or access to the Product(s) and/or prior to your access to sections of our Product(s). At such time, if you do not click “I accept the Terms and Conditions”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.
1.2 ENTIRE TERMS & AGREEMENT
These Terms and any additional terms or conditions set forth by specific Shifta Orders constitute the whole agreement between you and Shifta for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the most stringent terms shall control unless otherwise noted.
You as the user acknowledge and accept the responsibility of checking and verifying that the details of these Terms and any additional terms specific to your Order(s) are complete and accurate before you use or commit yourself to the purchase the Products.
If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing; the terms and conditions of this agreement may not be amended or modified, except by a written representation from Shifta, as we only accept responsibility for statements and representations made in writing by an officer of Shifta.
1.3 CHANGES TO TERMS
Shifta reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to shiftshifta.io. Your continued use of the Products constitutes your agreement to abide by the prevailing Terms as defined and posted by Shifta. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up alerts or notifications within the Product(s) or by email.
2. USER AND ACCOUNT SUBSCRIPTIONS
2.1 BECOMING A USER
In order to use the Products, you will sign up and create an account as a registered user on either the Apple App Store or the Google Play Store (as applicable). As such you will be required to provide Shifta with your first name, last name, birthdate, email address, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. Shifta is not accountable for the privacy policy of your email provider and encourages you to read the privacy statements of your email provider, as their privacy policy may differ from ours.
During your Product use, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). This User Information may include information from your Facebook and similar social networking profiles. Our information collection and use policies with respect to the privacy of such User Information are set forth in the Shifta Privacy Policies section 9 herein. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up-to-date.
As a registered user, you acknowledge and accept that Shifta is utilizing your User Information to generate a profile which may identify appropriate access levels to Product(s) that may correlate specifically to your User Information, health conditions, and other qualified information provided by you to Shifta. As such, you accept the responsibility and agree to not allow another individual to utilize the Product(s) under your user profile, as their information may defer from that which you provide and warrant herein as accurate and up-to-date.
By registering to use a Shifta Product you understand and acknowledge that depending on the membership types and/or user levels elected at time of registration, user access to certain sections, features, and functions on Products may differ. In these cases, users may have the option to upgrade or change membership types and/or levels should user wish to access additional sections, features, and functions.
By agreeing to become a user of Shifta Products you acknowledge and agree to opt-in to receiving occasional special offers, marketing, surveys, and Product based communication emails. You can easily unsubscribe from Shifta commercial emails by following the opt-out instruction in these emails. Shifta memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
By placing an Order, you warrant that:
3. USE OF THE PRODUCTS
3.1 CONSULTING WITH YOUR PHYSICIAN
You acknowledge, understand, and agree to that use of Shifta Products require that you consult with your physician(s) prior to use of Shifta Products.
3.2 AGE REQUIREMENTS FOR USE
You must be 18 years of age, or the age of majority in your locality to sign up as a registered user of Shifta Products. You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to sign up as a registered user of Shifta Products and this App or any function, service, or portion of the App which requires such registration. This App is not intended or designed to attract children under the age of 12. If you are under the age of 12, you may not use the App. If you are a minor age between the ages of 12 and 18 (or the applicable legal age in your jurisdiction), you can use such functions or services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a minor between the ages of 12 and 18 (or the applicable legal age in your jurisdiction), you are fully responsible for his or her use of Shifta Products and the App, including all legal liability he or she may incur. By using this App and any services provided therein, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.
3.3 ACCURACY OF INFORMATION
You agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up-to-date.
3.4 ETHICAL USE OF PRODUCTS
You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
3.5 SYSTEMS PROTECTION AND SECURITY REQUIREMENTS
You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.
3.6 BREACH OF TERMS AND CONDITIONS
By breaching the provisions of this section 3, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
3.7 REQUIRED CONSENT FOR SPECIAL USE
You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of Shifta.
4. PRODUCT MATERIALS AND OWNERSHIP
4.1 PROHIBITED USE
You agree that you will not conduct the following, or will not assist or permit any third party to:
4.2 PROPRIETARY RIGHTS
You may not make the Products available to the public. The Products made available (in whole or in part) are owned by Shifta or its licensors and your use of them must be in accordance with these Terms.
4.3 COPYRIGHT
You agree to adhere to applicable copyright laws and Shifta copyright terms, including but not limited to:
4.4 TRADEMARK
You agree to adhere to applicable trademark laws and Shifta trademark terms, including but not limited to:
5. PRODUCTS DISCLAIMER
The information contained in the Products is for general information purposes only. Shifta makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
6. MEDICAL DISCLAIMER
Shifta is a provider of online and mobile breathing, tapping and reflecting exercises content. We are not a health care or medical device provider, nor should our Products be considered medical advice or a substitute thereof. All content found on Shifta Products or website, including, but not limited to: text, images, audio, or other formats were created for informational purposes only. Product content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Only your physician(s) or other health care provider can provide medical advice. Never disregard professional medical advice or delay in seeking it because of something you have read on Shifta Products or website. If you think you may have a medical emergency call your local emergency number immediately. As with any type of exercise, if at any point during the exercises you feel faint, dizzy or have discomfort, you should stop immediately. Never look at your phone, use the App or perform these exercises while driving, operating machinery or equipment or while in water of any kind.
Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and will not replace it. Shifta is not liable or responsible for any consequences resulting from you having read or been told about such advice or other materials and you understand and acknowledge that you will assume full responsibility for your decisions and actions. To the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products. Any health information and links on Shifta Products, whether provided by Shifta or by contract from third party providers, is provided simply for your convenience. Application or reliance on any techniques, advice, ideas, suggestions or information provided to you by Shifta is done solely at your own risk and not at the direction of Shifta. Shifta makes no claims, representations or guarantees about Product benefits.
You understand that the exercises and programs discussed and used on this App can be strenuous and should be scaled or done in moderation. There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. By using the App, you acknowledge and agree that you are voluntarily choosing to perform the exercises in the App and expressly agree to accept and assume all risk of loss, injury, death or damages that may occur as a result of performing the exercises used in the App.
7. ACCESS AND AVAILABILITY
7.1 PRODUCT ERRORS
Shifta will aim to achieve user satisfaction and provide quality service, but cannot make guarantees or promises that Products will meet your requirements or that they will be free from fault or errors. If a fault or error occurs in the Products, please report to [email protected] for assistance. The resolution process may require suspension of Product access while we conduct a root cause analysis and/or repairs.
7.2 UPDATES & MAINTENANCE
Your Product access may occasionally be restricted for repairs, updates, maintenance, or the introduction of new functions or capabilities. Shifta will restore the Product(s) as soon as possible to limit the disruption to users. In these cases, Shifta cancellation policies still apply.
8. USER MATERIALS
8.1 SUBMISSION OF MATERIALS
The Products may let you submit material to us: for example, you may be able to upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Products. You may be able to upload video, images or sounds. In these Terms, we use the term “User Material” to refer to any publicly available material of any kind that you submit to us, including but not limited to: text, files, images, photos, video, sounds and musical or written works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products, excluding the exception under section 8.7 of the terms herein.
8.2 ACCEPTANCE OF TERMS
This section 8 sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
8.3 EXCLUSION OF LIABILITY
Shifta does not systematically review User Material submitted by you or other users. Shifta is not responsible for the content of User Material provided by you or any other user, nor do we endorse any opinion contained in such material. Shifta makes no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.
8.4 RIGHT TO REFUSE
Shifta reserves the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this section 8, and may do so with or without giving user prior notice.
8.5 USE OF USER MATERIAL
Shifta may link User Material or parts of User Material to other material, including material submitted by other users or created by Shifta or other third parties. Shifta may also use User Material for internal operations, such as, to examine trends or to promote, market or advertise Products. As such, you acknowledge that Shifta may indirectly commercially benefit from use of your User Material and agree to such terms.
8.6 SUBMISSION OF USER MATERIAL
Each time you submit User Material to Shifta Products or websites, you represent and warrant to us:
8.7 INFRINGEMENT DISCLOSURE
We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
8.8 EXCLUDED FROM CONFIDENTIALITY
User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy.
8.9 Ownership
Shifta does not claim any ownership rights in User Material. However, by submitting User Material(s) you hereby grant Shifta an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products/websites, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Shifta may include your User Material in Shifta’s Distribution Content that is made available to others through the Products. Please note, Shifta has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. As such, you:
8.10 Other Information
Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to Shifta an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Shifta has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that:
9. PRIVACY POLICIES
9.1 DATA COLLECTION
Shifta collects information by various methods including information actively provided by its users, providers, and information arising from customer surveys and general feedback. The types of personal information we collect include name, contact information (such as email address), identification information, date of birth, credit information and other data types as appropriate. We may also collect Information that your browser sends whenever you visit our App, such as your Internet Protocol (“IP”) address, number of clicks and how you interact with links on the App, the time and date of your visit, the time spent on those pages, and other anonymous data regarding your interactions with the App.
9.2 USE OF INFORMATION
We may gather data for purposes of accuracy, performance reviews, training and general quality assurance. Information collected is used to aid in the provision of our Products, including customer service, accounting, billing, collections and the marketing of other products services. Credit card information is used for billing purposes only. Shifta may use aggregate or anonymous information for various uses for itself and third parties. We may also use the information to detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Shifta and others.
9.3 INFORMATION SHARING
Shifta does not share personal information with any third parties except as disclosed in this policy. Shifta may provide personal information to Shifta’s subcontractors and professional advisers (which shall be bound by privacy obligations) to assist Shifta’s uses disclosed herein.
9.4 AUTHORIZED DISCLOSURE
Shifta may share your information with your physician(s) and other providers or individuals as authorized by you.
9.5 SECURITY
Personal information is stored in electronic files. They are protected by security measures appropriate to the nature of the information. In the event we become aware of a data breach where your personal information has been disclosed to unrelated third parties, we will notify you within 72 hours of becoming aware of a breach if we think there is a reasonable risk of harm to you or if otherwise required to do so by law. If you have any questions about our policy or security, you can email us to [email protected].
9.6 ACCESSING INFORMATION
Individuals may review their personal information contained in Shifta’s Products via the Settings page within the Shifta app. If an individual believes that any of their information is inaccurate, user must make appropriate corrections or contact customer service at [email protected] for assistance.
9.7 COOKIES
Cookies are used by Shifta for the convenience of our users. Cookies automatically authenticate the user. A user can access Shifta’s website with the cookie feature turned off. However, in doing so they may find themselves challenged for username and password information on multiple occasions. Shifta also uses cookies to track user’s visits and uses that information to improve the user’s experience.
9.8 LINKS
Shifta’s Product(s) or website(s) may contain links to information at other websites. When you click on one of these links, you are moving to another website. We encourage you to read the privacy statements of these linked sites as their privacy policy may differ from ours.
9.9 INFORMATION STORAGE
Following termination or deactivation of your account, Shifta or its App Providers may retain information (including your profile information) for a commercially reasonable time (unless otherwise prohibited by applicable law) for backup, archival, and/or audit purposes.
10. CONTACT US
10.1 CONTACT INFORMATION
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