Last Modified: October 1, 2020

The following End User License Agreement (“EULA”) represents the contractual conditions between you (“Licensee”) and Florida International University (“FIU” or “Licensor”) for the use of this App on your mobile device, computer, laptop, tablet, browser or other media from which this App is made available to you.

This App made available to Licensee is licensed and not sold to you. Your license to this App is subject to your prior acceptance of this EULA, or any other subsequent, custom EULA made between you FIU (“Custom EULA”), if one is provided. Your license to this App under this EULA or any applicable Custom EULA is granted by FIU. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

1. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any FIU-approved delivery media mentioned above that you own or control and as permitted by the Usage Rules. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided by Licensor, 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 transfer, redistribute or sublicense the Licensed Application and, if you sell your device where the Licensed Application is installed to a third party, you must remove the Licensed Application from the device before doing so. You may not copy (except as permitted by this license and FIU), 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 if such restriction would be prohibited by applicable law.
2. Consent to Use of Data: You agree that Licensor may collect and use user-generated and other App-based data and related information, including but not limited to, technical information about your device, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information to improve its products or to provide services or technologies to you. Licensor understands and agrees that this App is not intended for use in the diagnosis of any disease.
3. Termination: This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. 
4. External Services: The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. 
5. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR 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 OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED 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.
6. Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR 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 OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR 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. 
7. Licensor expressly agrees that you and Licensor shall be governed by the laws of the State of Florida, excluding its conflicts of law provisions. You and Licensor agree to submit to the personal and exclusive jurisdiction of the courts located within Miami-Dade County, Florida, to resolve any dispute or claim arising from this Agreement. If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

 

PRIVACY POLICY

 

This Privacy Policy is meant to help you better understand what information is collected when you the user, use the MyGoalPal application. This policy will also describe how you can manage your data, including when you can delete data. 

 

What types of information we collect

 

When you create an account on the app or web platform, we collect all user-generated input information, (name, password and other personal demographic information). We may also collect system-generated data or analytics based on your usage of the application.

 

We will also collect and/or generate data based on your activity of use of the application, which we use to generate feedback and/or information to you.

 

We use various technologies to collect and store information regarding your usage of the application, including but not limited to, application data caches, databases, and server logs, just to name a few.

 

Why we collect the described information

 

We use the information collected to provide core services from the application, to maintain and improve our services and to develop new services. We also use the data for analytics and to better understand how our users use and interact with the application. Finally, we may also you the information to communicate or interact directly with you.

 

Managing your Data

 

Each account can be attached to core users who will have administrative rights to access and enter key data as well monitor app-generated data analytics based on user-generated information. Non-authorized users will not have access to either user-generated data or data analytics generated by the app.

 

Exporting, Removing & Deleting your Information

 

User accounts can be deleted by request.

 

Sharing Your Information

            

The sharing of user and app-generated data can be managed by administrative account users who will have control over how information is shared with others. Access can be monitored and controlled by the account users as warranted.

 

            Sharing Your Information with your Consent

 

            We currently will not share your user information to any other third-party other than those parties designated by the user.

 

            Sharing Your Information when Required by Law

 

Information may be shared to meet any applicable law, legal process or proceedings or enforceable governmental request.  Such request activity will be available to users upon request.

 

            

California Requirements

 

The California Consumer Privacy Act (CCPA)

 

The CCPA requires specific disclosures for California residents. The CCPA provides users the right to request information about how we collect, use and disclose your personal information and it gives you the right to access your information and request that we delete that information. Finally, the CCPA provides the right for users not to be discriminated against for exercising your privacy rights.

 

The CCPA also requires a description of data practices using specific categories:

 

 

Categories of personal information we collect

 

Identifiers such as your name as well as unique identifiers tied to your usage of the application.

 

Demographic information such as your age and gender.

 

Other information you create or provide, such as the content you create via user provided data

 

 

Business purposes for which information may be used or disclosed

 

Protecting against Security threats: We may use or disclose information to detect, prevent and respond to security incidents, and for protecting against other malicious, deceptive, fraudulent, or illegal activity.

 

Maintaining Services: We may use information to ensure that services are working as intended.

 

Legal Reasons: We may use information to satisfy applicable laws or regulations, and disclose information in response to legal processes or proceedings or other enforceable requests, including law enforcement. Such request activity will be available to users upon request.

 

Changes to this policy

 

This Privacy Policy may change from time to time and will notify when changes to this policy have occurred. Each revised Privacy Policy will have a publish / effective date. Any significant change to this Policy will be accompanied with a detailed accompaniment describing the change.