VR HEALTH NETWORK TERMS OF SERVICE & PRIVACY POLICY
Last updated: May 5, 2023
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with all of the VR Health Network (VRHealth Life) mobile applications (the "Service") operated by VR Health Network Inc. or the VR Institute of Health and Exercise ("us", "we", or "our"). Please read these Terms and Conditions carefully before using the VR Health Network (VRHealth Life) mobile applications or websites, or the VR Institute of Health and Exercise mobile applications or websites. This terms of service and privacy policy refers to all of these services (the "Service").
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
HEALTH DISCLAIMER
All data provided by the Service are provided for informational purposes only. This data may not be construed as medical advice or opinion. The information provided by the Service should not be used as a substitute for the advice or diagnosis of a medical professional. VR Health Network Inc. assumes no responsibility for the accuracy of the data contained within or made available by the Service. Please consult with your physician before starting any new dietary or exercise regimen. Never disregard professional medical advice or delay seeking it because of information provided by or contained within the Service.
ACCOUNTS
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
INTELLECTUAL PROPERTY
The Service and all contents, including but not limited to text, images, graphics or code are the property of VR Health Network Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of VR Health Network Inc., the VR Institute of Health & Exercise, or any affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
LINKS TO OTHER WEBSITES
The Service may contain links to third-party web sites or services that are not owned or controlled by VR Health Network Inc.
VR Health Network Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that VR Health Network Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
TERMINATION
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, breach of Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless VR Health Network Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
LIMITATION OF LIABILITY
VR Health Network Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMER AND NON-WAIVER OF RIGHTS
VR Health Network Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
VR Health Network Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and VR Health Network Inc. chooses not to immediately act, or chooses not to act at all, VR Health Network Inc. will still be entitled to all rights and remedies at a later date, or in any other situation where the Terms are breached. VR Health Network Inc. does not waive any of its rights. VR Health Network Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
EXCLUSIONS
As set out above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and services provided.
GOVERNING LAW
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in Idaho, United States, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
CONTACT US
If you have any questions about these Terms, please contact us at support@vrhealth.life.
SUBSCRIPTIONS
Currently, or at a future date, some parts of the Service may be billed on a subscription basis ("Subscription(s)"). In this event, you will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or VR Health Network Inc. cancels it.
Our subscription will automatically renew at the end of each term and your credit card will be charged through your selected payment portal. You can turn off auto-renew at any time from your selected payment portal's account settings, but refunds will not be provided for any unused portion of the term.
A valid payment method, including credit card, is required through one of the authorized payment platforms used by VR Health Network Inc.
VR Health Network Inc. may also offer a LIFETIME PRO membership payable as a one time fee.
FREE TRIAL
VR Health Network Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
At any time and without notice, VR Health Network Inc reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
FEE CHANGES
VR Health Network Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle, no less than 30 days after email notification of the user of such changes.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
REFUNDS
Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to either Apple's applicable payment policy, which also may not provide for refunds.
Please note that if you purchase a subscription through the Google Play Store or our Android application, the sale is final, and we will not provide a refund. Your purchase will be subject to Google's applicable payment policy, which also may not provide for refunds.
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VR HEALTH NETWORK PRIVACY POLICY
Your privacy is very important to us. Our Privacy Policy explains what information we collect, how we use that information, and how to manage your privacy settings and your personal data. Please read below to see how VR Health Network collects and processes your personal data through our website and mobile apps. Please also read the Terms of Service, which outlines the terms and conditions of use for all VR Health Network website and apps.
WHO WE ARE:
VR Health Network is a community that hopes to promote the development of VR and AR exercise content. We work with game developers to include special exercise features, which we call making a game, "VR Health Enabled". Our hope is that by gathering a community of people interested in exercise in VR and AR, we can incentivize developers to include features specifically for that purpose. To that end, certain of our services collect data that you can then allow to be shared with game developers as part of offering the services of the app. This information is detailed below, and only provided after you have specifically asked us to do so by connecting your app to a specific game. In addition, the VR Health Network is an advocate for what we call "AI-Perfected Exercise" or, “Responsive Exercise” - which is the ability for a game or experience to change dynamically to help walk users through their ideal exercise goals. Our tools make it easy for exercisers to provide biometric data, such as heart rate, back to VR Health Enabled games so that they can help you reach your goals as easily as possible.
WHAT PERSONAL INFORMATION DO WE COLLECT FROM THE PEOPLE THAT VISIT OUR WEBSITE OR USE OUR APP?
In order to fulfill our obligations as outlined under the Terms of Service, VR Health Network must collect some personal data from participating users. This includes data that directly or indirectly identifies you, including (but not limited to) your name, email address and Health Information directly required for the fulfillment of VR Health Network services.
VR Health Network collects data for tracking and assessing workouts. This is collected by using, or importing data into, the VR Health Network app. This information is required in order for VR Health Network to provide workout analysis, calorie estimates, exercise feedback, and associated services. While primarily this means that the VR Health Network collects heart rate data, it also will try to utilize any sensors connected to the VR Health Network app while in use, including in-game movement data, if available.
VR Health Network may collect or infer health information including your heart rate, age, gender, weight, or other biometric indicators. You can withdraw your consent to VR Health Network processing your health information at any time by accessing your Health settings and revoking consent, or by deleting your VR Health Network workout data.
We gather personal data including your name and information from any photos, comments, or notes uploaded to VR Health Network.
We collect technical information about your device including log files and analytics when you access or use VR Health Network services, or VR Health Enabled content.
VR Health Network allows you to sign up and log in to the VR Health Network apps using your Facebook account. You can generally control the information that we receive from Facebook from your Facebook privacy settings. VR Health Network collects account-related information from Facebook in order to secure your account and provide VR Health Network services.
VR Health Network allows you to sign up and log in to the VR Health Network apps using your Google account. You can generally control the information that we receive from Google from your Google privacy settings. VR Health Network collects account-related information from Google in order to secure your account and provide VR Health Network services.
VR HEALTH NETWORK COMMUNITY
VR Health Network collects some data when you engage in the VR Health Network Community in-app. This includes content submitted to the VR Health Network Community, Community usernames, interactions with Community content, profile photos, Community group content, and in-app "Friends”. By participating in the VR Health Network Community you authorize VR Health Network's collection of this data as well as the public sharing of your data such as Calories Burned, Workout Length, VR Health Network points etc.
WHEN DO WE COLLECT INFORMATION?
We collect information from you when you register with our app, use our website, use a VR Health Enabled piece of software, or use our app to track your workouts.
HOW DO WE USE YOUR INFORMATION?
VR Health Network uses the information we collect and receive to fulfill the obligations outlined under the Terms of Service. For example, we use heart rate data to provide detailed workout analysis including heart rate graphing and estimated calorie burn information. VR Health Network uses the personal information collected in the following ways:
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To personalize the user's experience and to allow us to deliver the most accurate health and fitness analysis possible.
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To improve our website and application in order to better serve you.
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To allow us to better service you in responding to your customer service requests.
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To send periodic emails regarding your account details or other products and services.
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To backup and restore workout and health-related data associated with providing VR Health Network services.
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To generate non-identifiable summary data about community exercise behavior, such as total calories burned by the community in VR, and other aggregate information that we may use to raise awareness of VR exercise and related services.
VR Health Network will not use any individually identifiable Health Data for marketing or advertising purposes. We may occasionally publish non-identifiable summary statistics about the entire community, such as the total number of minutes that users of the VR Health Network have engaged in exercise, or a ranking of the most popular exercise games in VR and AR according to community use. In accordance with GDPR regulations all user data may be deleted from VR Health Network's records by a request sent to support@vrhealth.life
THIRD PARTY BUSINESS VIA API OR INTEGRATIONS
Information collected by third-party apps and services is subject to the terms and policies of those third-parties. VR Health Network is not responsible for the terms or policies of third-parties.
HOW DO WE PROTECT VISITOR INFORMATION?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
We use an SSL certificate.
DO WE USE 'COOKIES'?
The VR Health Network may use cookies for user authentication and access purposes. The VR Health Website and app may also use third-party tools for measuring traffic usage, such as Google Analytics.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.
If you disable cookies off, some features will be disabled that make your site experience more efficient and some of our services will not function properly.
THIRD PARTY DISCLOSURE
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice.
This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others' rights, property, or safety.
In order to allow VR Health Enabled games to work, the VR Health Network may also share specific workout information with development partners, such as heart rate, target heart rate, estimated calorie burn, and length of workout. This will allow game developers the option to display this data back to the user during gameplay. You can opti-in and opt-out of sharing this information by turning it off in the settings of the app. While we do not share personally identifiable information with this workout data, please be aware that if you are playing a game through a service like Steam, which collects personally identifiable information in alignment with their own terms of service, a developer may be able to pair the data we send with your Steam or similar account.
THIRD PARTY LINKS
The VR Health Network will occasionally link to products or services that we feel may be valuable to users. The most common application of this is if a user is looking for additional VR Health Enabled games, we will provide links to games that are working with our service.
VR HEALTH NETWORK COMMUNITY SHARING
VR Health Network collects some data when you engage in the VR Health Network Community in-app. This includes content submitted to the VR Health Network Community, Community usernames, interactions with Community content, profile photos, Community group content, participation in community events such as exercise contests, achievement programs, and in-app "Friends”.
By participating in the VR Health Network Community you authorize VR Health Network's collection of this data as well as the public sharing of your data such as Calories Burned, Workout Length, VR Health Network points etc.
This data is collected and shared in order to provide the Services associated with the VR Health Network Community. Because the VR Health Network Community is a public forum please exercise care in deciding what information and content you wish to share.
Enrolment in the VR Health Network Community is voluntary and can be revoked at any time. Community access must be specifically granted through the VR Health Network app before it is enabled.
APPLE HEALTHKIT
VR Health Network collects and displays information from Apple Health and the HealthKit API to help our users better understand and improve their health and fitness. You will be asked to give consent if VR Health Network requires access to specific health and fitness information from the Apple HealthKit API. Your consent to VR Health Network's access for each individual health and fitness metric can be granted or refused through the Apple Health app on your iOS Device. The health and fitness information gathered by VR Health Network from Apple's HealthKit API is not shared or sold to any third parties for any purposes including advertising or marketing.
GDPR REGULATIONS
In accordance with GDPR, VR Health Network recognizes the following rights for members of the European Union:
Right to Access:You can access information collected by VR Health Network by logging into your account. To access additional data please contact us.
Breach Notification: In any case where a data breach is likely to result in a risk to the rights and freedom of individuals VR Health Network will notify users within 72 hours of having first become aware of the breach.
Right to be Forgotten: To erase all records of data associated with your use of VR Health Network please submit a request to us.
Data Portability: VR Health Network workout data can be accessed via your VR Health Network account and exported in CSV, GPX, and TCX file types. To inquire about additional data please contact us.
Right to Revoke Consent: You have the right to revoke consent to VR Health Network's access to your personal information at any time. Permission to access your Apple Health information can be revoked at any time via the Health app. You can delete or correct personal data by logging into your account.
If you have any questions about data privacy or GDPR compliance, please contact support@vrhealth.life
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email
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Within 7 business days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. - See more at:
http://consumercal.org/california-online-privacy-protection-act-caloppa/...
According to CalOPPA we agree to the following:
Users can visit our site anonymously
CAN-SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
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Send information, respond to inquiries, and/or other requests or questions.
To be in accordance with CANSPAM we agree to the following:
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NOT using false, or misleading subjects or email addresses
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Identify the message as an advertisement in some reasonable way
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Include the physical address of our business or site headquarters
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Monitor third party email marketing services for compliance, if one is used.
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Honor opt-out/unsubscribe requests quickly
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Allow users to unsubscribe by using the link at the bottom of each email
CONTACTING US
If at any time you would like to unsubscribe from receiving future emails, you can Email us at support@vrhealth.life and we will promptly remove you from ALL correspondence.
Privacy Policy Information
VR Health Network reserves the right to modify this Privacy Policy at any time. If VR Health Network makes changes to the Privacy Policy, we will provide prominent notice.
If there are any questions regarding this Privacy Policy, you may contact us using the information below.
VR Health Network