DashLX Terms of Use

1. Your Consent

Your access to and use of our Platform and/or Services is subject to this Terms of Use and our Privacy Policy and all applicable laws. By accessing or using our Platform and/or Services in any way, you consent to our Terms of Use and our Privacy Policy. We encourage you to read all sections of both carefully.

2. Non-Medical Classification of Services

We and the Platform and/or Services do not provide medical or health advice. We are not a “covered entity” as defined in the U.S. Health Insurance Portability and Accountability Act, which reduces our legal obligations with respect to our handling of your Data. The Platform and Services' intended use does not include diagnosis, treatment, cure, or prevention of any disease, illness, or health problem.

3. Data Collection and Usage

The Services may collect your Data through various means, including from your preferred smart devices and apps, such as fitness and activity trackers, mobile phones, wearable technologies, aggregator apps and services, and IoT devices. This Data may also include direct inputs you provide, such as information, photographs, videos, survey responses, or other data you share via the Services.

Our policies and practices regarding the collection and use of your Data are detailed in our Privacy Policy, which includes information on: (i) why Data is collected, (ii) what types of Data are collected, (iii) how collected Data is used, (iv) how Data is shared and with whom, (v) Data security measures, (vi) your rights to access and control your Data, and (vii) any additional rights you have to manage our interaction with your Data, including rights specific to your jurisdiction.

4. Services and Sharing Your Data with Customers

As part of the Services, you may direct us to share some or all of your Data with one or more third parties (each a “Customer” of DashLX). We will only share your Data with a Customer if you have opted to use the Services and have instructed us to include you in one or more Cohorts (as defined below).

How the Platform and Services Work

A Customer may request that we create a group of Users (a “Cohort”) that meets certain criteria to enable specific interactions, programs, or initiatives between the Customer and those Users. If you meet the criteria set by the Customer and us, you may be invited to join that Cohort. Upon your indication of interest and the Customer’s agreement, you may direct us to add you to the Cohort.

Once you are added to a Cohort, we will share some or all of your Data with the Customer and, in certain cases, with other members of the Cohort. Your Data will be shared, disclosed, and used by the Customer in a manner consistent with the purpose of that Cohort. Participation in a Cohort may involve the offer of benefits (such as exclusive products, services, access, or experiences). Our use and disclosure of your Data will be in accordance with these Terms, including our Privacy Policy. The Customer’s use and disclosure of your Data will be governed by their terms of use and privacy policy (or similar terms and policies).

By opting in to the Services and further opting in to join one or more Cohorts, you authorize us and the relevant Customer(s) to use and disclose your Data in accordance with the purpose of each Cohort, including transferring your Data from one or more Input Sources.

Rights to Content Provided in Connection with Cohorts

If, in connection with your participation in any Cohort, you provide any content in which you have or may claim legal rights, you hereby grant to us, and to the Customer that requested the creation of that Cohort, a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to modify, copy, reproduce, publicly perform, publicly display, translate, create derivative works from, and distribute that content, in whole or in part, in any media.

You represent and warrant that any Data or content you provide will not infringe upon any third party’s intellectual property rights or violate any laws or regulations, nor will it be false, defamatory, harmful, offensive, promote discrimination, be threatening, or promote illegal activities. You acknowledge that both we and the Customer reserve the right to remove or alter any content for any reason, or for no reason at all.

Information on Cohorts

As a result of your use of the Services, you may join various Cohorts that we maintain for different Customers, with whom you share your Data. At any time, you can find detailed information on each Cohort you have directed us to add you to on the Exchange page of your DashLX account, accessible at app.dashlx.com. This information includes:

• The name of the Cohort
• The Customer associated with the Cohort
• The type of Data collected by the Cohort
• Instructions on how to modify or terminate your participation in the Cohort

If this information is not available in your DashLX account, you may contact us using the contact information provided below.

Checking, Changing, and Deleting Your Cohort Status

You can review your participation in the Services, including your involvement in any Cohorts, at any time on the Exchange page of your DashLX account or by contacting us at privacy@dashlx.com. We provide several data subject rights as mandated by applicable law. Please refer to our Privacy Policy for more information.

Additionally, you may need to contact the Customer directly to request modifications or deletion of your participation in a Cohort, or to address any Data they have collected as a result of your participation.

Opting out of a Cohort, or instructing us to delete Data associated with your participation in a Cohort, may result in forfeiture of any benefits or consideration you were otherwise entitled to receive through your involvement in that Cohort.

5. Other Third-Party Links

Our Services may contain links to other websites or services that are not operated by us. Additionally, users may provide you with links to third-party websites or applications. If you click on a third-party link, you will be directed to an external site or service. We have no control over and assume no responsibility for the content, policies, or practices of any third-party sites or services. We strongly advise you to review the policies of every site or service you visit.

6. License & Restrictions

Subject to your agreement with these Terms and your abiding by the other requirements of using the Platform and/or Services, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and utilize the Services. In order to activate your license, you must register as a user with the Services, (creating an “Account”). Your license and your Account are subject to be terminated at any time, without notice, for any breach of this Agreement.

Your agreement with the Terms is inclusive of the conditions listed below:

Age Restrictions

A person must be at least 16 years of age to generate Data that is associated with an Account. We do not knowingly store any personal information about people in contact with the Services who are below age 16. No Account may be made or used in conjunction with Data generated by someone less than 16 years old.

If you are a child aged 16 or 17, you may establish your own Account only if your parent or guardian accepts this Agreement on your behalf. The parent or guardian entering into this Agreement on behalf of a child aged 16 or 17 agrees to be solely responsible for access to and use of the Services by the aforementioned child.

User Conduct

• All information you submit to or share with the Services will at all times be truthful, accurate, and complete;
• You will not use the Services to share any uploads, information, messages, or other data (collectively, "Data") that are illegal, defamatory, inappropriate, or abusive to other users;
• You will not misuse or misrepresent the ownership of intellectual property, including, but not limited to, copyrights, trademarks, or patents;
• You will not disrupt, or attempt to disrupt, the Services' security, connectivity, data, or accessibility;
• You will not create – or facilitate any third party in making – fraudulent purchases.

Privacy Policy

You must accept and adhere to our Privacy Policy, available at www.dashlx.com/privacy

We reserve the right to refuse to offer the Services to anyone at any time.

7. Intellectual Property

DashLX owns the rights to all intellectual property used throughout the Platform and/or Services, including copyrights, trademarks, and patents. No license, assignment, or sale of such intellectual property has been made to you. DashLX reserves all rights to the intellectual property on the Platform and Services.

8. Account Termination

You are free to terminate your Account at any time. You acknowledge that if your Account is terminated or allowed to expire, all data in your account, including data received from other users (where applicable), may be lost.

9. Limitation of Warranties & Damages

Regarding warranties and damages:

To the maximum extent permitted by applicable law, the Platform and Services are provided on "as-is," "where-is" and "as available" basis with all faults and without any warranties of any kind, whether express or implied, including all warranties or conditions of merchantability, accuracy, fitness for a particular purpose, title, quiet enjoyment, and non-infringement. We (and our suppliers and licensors) make no warranty that the Platform and Services will meet your requirements, will be available to you on a timely, uninterrupted, secure, or error-free basis, or will be accurate, complete, truthful, reliable, or free from viruses, worms, or other harmful code.

In no event shall we or our affiliates, suppliers, or licensors be liable for any indirect, consequential, incidental, special, punitive, or other damages of any kind arising out of, or in any way related to, your use of the Platform and/or Services, your reliance on information found on the Platform and/or Services, or your interaction with any user on the Platform and/or Services, whether based on contract, tort, negligence, fraud, strict liability or otherwise, even if you have been advised of the possibility of damages. Notwithstanding the foregoing, in no event will our total aggregate liability to you exceed the lesser of the amount you have paid us to use the Platform and/or Services, and five hundred U.S. Dollars ($500 USD).

As a condition on your use of the Platform and/or Services, you agree to waive your rights to participate in any class action or group arbitration as it relates to the Platform and/or Services or the Terms.

You may use certain peripheral devices in conjunction with the Services. We do not endorse or warrant the use of any of these devices. You use these devices at your own sole risk.

10. Specific Notices

Terms Specific to Apple Devices

By accessing the Platform and/or Services via another device, the following additional terms shall apply:

• This agreement is made solely between you and DashLX, and not with any other company. No other company is responsible for the Platform or Services and no other company is responsible to provide maintenance or support for the Platform or Services;
• The Platform and Services are licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Platform and Services for your private, personal, non-commercial use, subject to all the terms and conditions of the Terms as they are applicable to the Platform and Services;
• You will not use the Platform or Services on any device that you do not own or control;
• You acknowledge and agree that no other company is responsible for addressing any claims you or any third party may have in relation to the Platform or Services;
• You acknowledge and agree that, in the event of any third party claim that the Platform and/or Services or your possession and use of the Platform and/or Services infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
• You acknowledge and agree that, in your use of the Platform and/or Services, you will comply with any applicable third party terms of agreement which may affect or be affected by such use.

11. Terms of Use Changes

We may update our Terms of Use from time to time. The Terms of Use on this site will always be the current, effective, and governing version of the Agreement. The date of the latest update will be reflected at the start of this policy.

We reserve the right to update our Terms of Use at any time, without prior notice, and will consider the changes made to be effective immediately. We encourage you to review the current Terms of Use regularly, as it governs your use of our Platform and Services. Your continued use of the Platform or Services after an update to this policy constitutes your acceptance of the revised Terms of Use.

12. Additional Terms

If any provision of the Terms is found to be unenforceable or invalid, the remainder of the Terms shall be enforced to the fullest extent possible.

The Terms shall be interpreted and construed by the laws of Delaware and the United States. Any dispute arising from or related to your use of the Platform and/or Services or these Terms shall be brought exclusively in the state or federal courts of Delaware competent to hear such dispute.

You may not assign your license or the Terms. We may assign the Terms as a condition of any sale, merger, or reorganization.

The Terms represent the full, final, and complete understanding of the parties as it relates to the subject matter hereof.

13. Contact Us

If you have any questions about the content of the Terms of Use, or any need to contact us with any other questions or requests, please contact us by email: team@dashlx.com