Limited Warranty

Your Mira fitness tracker (“Product”) is warranted to be free from defects in materials and workmanship appearing within 1 year from the date of purchase, when used in accordance with the instructions provided with the unit, and as provided herein. Mira Fitness, LLC (“Mira”) does not warrant that the operation of the Product will be uninterrupted or error-free. Mira is not responsible for damage arising from failure to follow instructions relating to the Product’s use. The above warranty extends only to the original retail purchaser.

We will, at our option, replace without charge any unit covered by the above warranty. Replacement is our only responsibility and your only remedy under the above warranty. The forgoing warranty is limited and is not applicable to:

• Normal wear and tear
• Defects or damage caused by misuse, accident (including, without limitation, collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage, use in an unapproved device or if the serial number has been removed
• Use not in accordance with the documentation
• Damage caused by the equipment with which the product is used

Please enclose the original purchase receipt and include a letter with your name, address, phone number and description of the specific problem. Pack the product carefully to prevent damage in transit. Because of possible loss in transit, we recommend insuring the product with return receipt requested.

The foregoing is the sole warranty provided by Mira Fitness, LLC (“Mira”) in connection with this product, and Mira hereby disclaims any other warranties, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose. Implied warranties and other terms that may be imposed by law, if any, are limited in duration to the period of the above expressed warranty.

Mira shall not be liable for loss of use or any other special, incidental, consequential or indirect costs, expenses or damages.

This warranty provides you with specific legal rights, and you may have other rights, which vary from state to state. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Terms and Conditions of Use

Mira Fitness, LLC and its affiliates (collectively referred to as “Mira”) welcome you to the Mira Fitness program at mymirafit.com (hereafter “Fitness Program” and “Fitness Site”). This agreement is legally binding between you and Mira and governs your use of the Fitness Site. By enrolling in the Fitness Program and accessing the Fitness Site, you are agreeing to the terms of this agreement and consenting to allow Mira to record and store personal information you provide to Mira through the Fitness Site and allowing Mira to communicate with you either electronically or otherwise and to send you promotions, rewards, advertisements, etc.

Minors

Use of the Fitness Site and Fitness Program is not permitted for children 12 years or younger. Use of the Fitness Site and Fitness Program by minors age 13–18 is by agreement of the minor’s parent. Any user age 13–18 must have his or her parent agree to the terms of this agreement as well as the Privacy Policy and End User License Agreement on behalf of the minor. By accessing the Fitness Site you acknowledge that you are 18 years or older or, if not, that you are at least 13 years old and your parents have read and agreed to the terms of this agreement, the Privacy Policy and the End User License Agreement.

Caution

The Fitness Program and Site are not intended for diagnostic purposes and should not be relied upon for such purposes. The Fitness Program should be used only with the advice and consent of a physician. Mira is not a medical care provider and does not provide medical advice. The Fitness Program and Fitness Site are not intended to diagnose, examine, monitor or treat medical conditions. Not all activities in the Fitness Program may be suitable for you. Participating in any exercise program may cause physical injury or other adverse consequences. Mira is not liable for any injury or damages caused as a result of participating in the Fitness Program. Your use of the Fitness Site and your participation in the Fitness Program are done at your own risk. Information on the Fitness Site is not intended to be relied upon in lieu of medical treatment or advice by a trained medical provider. You should consult your physician before starting any Fitness or diet program. When participating in any Fitness program or physical exercise, there is the possibility of injury. If you feel discomfort or pain, immediately stop the activity causing the discomfort or pain. People with type 1 diabetes or other serious medical conditions should not use the Fitness Program except under the direction of a licensed physician.

No warranties / No liability

Mira makes no warranty of any kind about any information, services, reports, calculations or recommendations made on the Fitness Site or Fitness Program. The Fitness Program and Fitness Site are provided by Mira “AS IS” and are not guaranteed to be operational at all times or free of errors or omissions or viruses that may harm your computer. Use of the Fitness Program and the Fitness Site are done at your own risk.

Mira makes no representations, warranties or assurances of any kind, express or implied, regarding the effectiveness of its fitness program or as to the operation of the fitness site or as to any information contained or made available through the fitness site. Mira disclaims any warranties of any kind including implied warranties of merchantability for the fitness program and fitness site.

Mira is not liable for any damages resulting from unreliable or inaccurate information provided through the Fitness Site or Fitness Program. Any reliance on information (including reports, data, calculations, etc.) provided through the Fitness Site or Fitness Program is done at your own risk. Mira is not responsible for any injuries or health issues arising from use of the Fitness Program or Fitness Site or any training programs or products posted or promoted on the Fitness Site. Mira does not endorse any of the training programs or products posted or promoted through the Fitness Program or Fitness Site. Mira is not liable for the information you receive through the Fitness Program or Fitness Site or the accuracy or reliability of any such information.

Mira shall not be liable for any damage to your computer or electronic devices sustained due to use of the fitness site. Mira shall not be liable for lost profits, lost data or loss of use or any other incidental, consequential or indirect costs, expense or damages. Further, in no event shall liability of Mira or its affiliates exceed fifty dollars (us$50) cumulatively.

Mira is not responsible for and does not monitor websites operated by third parties that are posted as links or references on the Fitness Site. Inclusion of links to a third party’s website is not an endorsement of such third party nor an approval of the accuracy or appropriateness of such third party’s website. You agree to hold Mira harmless and free from any liability for any damages or loss of any type resulting from your use of a third party’s website or services.

Rewards

Mira is not liable in the event a third party does not honor a reward offered through the Fitness Program or Fitness Site. Any rewards issued through the Fitness Program are nonrefundable and have no cash value.

Privacy Policy

What Personal Information We Collect

We collect personal information that you choose to provide voluntarily when using the Mira Fitness website (“Website”) or any Mira Fitness web or mobile app (“App” or “Software”). We may ask for personal information such as name, email address, mailing address, and phone number when you contact our customer service and/or register a product. We may collect personal information such as name, email address, and HEALTH RELATED DATA as defined below, when you use one of our Apps. “Personal information” means any information pertaining to an identifiable individual.

Mira Fitness does not intentionally collect personal information about children under the age of 13. If you are under 13 and would like to use our Website or Apps, please ask a parent or guardian for assistance.

When you provide us with your personal information, you consent and agree to our use and disclosure of your personal information in accordance with this Privacy Policy. You may choose not to provide some or all of your personal information to us, but this may prevent us from providing our services to you or limit our ability to provide you with the level of service that you would otherwise expect from us.

Cookies and Other Computer Information

When you visit our Website, you will be assigned a unique, temporary “cookie” (a small text file) to be stored on your computer’s hard drive. The purpose of the cookie is to identify you when you visit our site so we can enhance your experience. The cookie does not reveal any personal information about you, but helps us understand visitors’ traffic patterns on our site so we can make the site better.

You can choose to visit our Website without cookies, but without these identifier files you will not be able to take advantage of certain features and services of our site. These features and services include remembering your password (so you don’t have to login each time you visit) and providing a more personalized experience. To visit without cookies, you can configure your browser to reject all cookies or to notify you when a cookie is set. (Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.)

We also collect certain technical information from your computer each time you request a page during a visit to our Website. This data is non-personally identifiable data and may include your Internet Protocol (IP) address, your computer’s operating system, browser type, the pages you visit on our Website, search terms, IP-based geographic location, and the address of a referring website, if any. We collect this information to enhance the quality of your experience to our site.

Our Apps use authentication software tokens to distinguish you from other users of the Software. By using the software token stored on your Device we can recognize you at your use of the Software.

Some websites may belong to ad networks that use your browsing history across the Internet, to choose which ads to display on their sites; the displayed ads may include advertising for Mira Fitness. We allow select third-party companies to collect certain information when you visit our Website and to use that information to serve ads for Mira Fitness. These companies use non-personally identifiable information such as click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session ID, and IP address, during your visits to this and other websites in order to provide interest-based advertisements. To learn more, and to opt out of seeing interest-based advertisements on these external websites, visit the Network Advertising Initiative or the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. Websites may also offer their own opt out methods for interest based advertising.

Our Website utilizes Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google collects cookie and usage data, and utilizes the data to track and examine the use of our site, and to prepare reports on its activities and share them with other Google services. Google may use the data collected to contextualize and personalize the ads of its own advertising network, DoubleClick. Our Website implemented the Remarketing with Google Analytics feature, which utilizes the DoubleClick cookie. To learn more, and to opt out of Google Analytics, visit theGoogle Analytics Privacy Page.

Our Website utilizes the Mira Fitness mobile app, a software application controlled by Mira Fitness, LLC and processed by Atomic Object LLC. Mira Fitness collects the information provided by filling in forms when you register for the Software and services accessible through the Software such as name, email address, user name, password, date of birth; information, including but not limited to HEALTH RELATED DATA, that you upload by connecting an Mira Fitness device to the App and/or that you provide by manually filling in forms such as your age, gender, height, body weight, exercise preference, hours of exercise per week, the total number of aerobic steps and other steps taken, aerobic walking time, calories burned, fat burned, the time and date of measurement and the targets you set related to this data; as well as any interaction with the Software such as usage of the App and the resources you access. Details about your browser language settings, IP address, Device model and operating system if available, will not be stored in connection with the personal user data you provide. Mira Fitness may use the data collected to populate the Software; enhance the quality of your experience on the App; and examine the use of our App to provide certain analytical services. To learn more, visit the EULA. If you do not agree to the terms of the EULA, Mira Fitness, LLC will not license the Software and documents to you and you cannot register as an End-user and you should either stop the downloading process or remove the App from your device.

Contacting Mira Fitness

We will use your email address to respond to your questions, suggestions and/or requests for assistance in using our Website or App.

Other Times We May Collect Personal Information

From time to time, we may conduct surveys and contests via our Website or App, email and other media. If you choose to participate, we may request your name, email address, mailing address and other personal information.

How We Use Your Personal Information

Information we collect from our Website may be used to enhance your experience in the following ways:

• To respond to your customer service inquiries or requests;
• To communicate special offers and featured items to you, if you choose to receive such notices;
• To customize your experience;
• Share special offers from Mira Fitness partner organizations;
• To improve our business and to ensure the Website is working properly.

Information we collect from our Apps may be used to enhance your experience in the following ways:

• To enable you to upload, store and track Mira Fitness device data and manually entered data, including data related to your health, as set out above;
• To enable you to set targets related to the uploaded and manually provided information, including the data related to your health, and check progress to watch these targets;
• To improve the content of the Software to provide and improve functionality as set out above in order to tailor the Software better to the End user’s needs;
• To analyze de-identified, aggregate (health) data to understand usage trends and health data trends that can potentially lead to development of new products and services;
• To make sure that content from the Software and the services provided through the Software is presented in the most effective manner for you and for your devices. Your browser language settings and IP address will only temporarily be stored for security and login purposes and to present the Software in the language of your browser, if available;
• To carry out our obligations arising from the EULA;
• To notify you about changes to the Software or the services provided through the Software.

We may keep non-personally identifiable information that we collect for an unlimited period of time. Any personal information collected but not stored or maintained in the regular course of business will be securely destroyed. All information will be stored on secure data servers in the United States of America. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your data, we cannot guarantee the security of your data transmitted; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

When and With Whom We Share Your Personal Information

We will not sell or rent your personal information to any unaffiliated third parties under any circumstances. We will share personal customer information only with our agents, representatives and trusted service providers and contractors for limited purposes, including fulfilling customer requests, offering certain products and services in connection with our Website and Apps, communicating to customers, providing customer service, enhancing and improving customers’ experience and enabling access to our partners’ sites. Any information shared with a third party will not be beyond what is necessary and each third party will maintain its own privacy policy and enter into an appropriate data protection agreement with us.

On rare occasions, we may disclose personal information upon government request, in response to a court order, when permitted or required by law, to enforce our Website and App policies, or to protect our or others’ rights, property, or safety.

We might disclose personal information in connection with a corporate transaction. If we intend to sell or transfer ownership or control of any or all of our business, operations or services to a third party, we reserve the right to disclose certain personal information to a potential buyer both before and after the purchase, subject to conditions discussed below. However, if the sale goes through, we will require that the receiving party agree that they will be similarly bound by the provisions of this Privacy Policy and that they will only use and disclose your personal information as we are similarly entitled under this Privacy Policy. If the sale does not go through, we will require the potential purchaser to not use or disclose your personal information in any manner whatsoever and to completely erase the data.

Aside from the purposes described above, we will never share your personal information with any other third parties unless we have your express permission or under special circumstances, such as when we believe in good faith that the disclosure is required by law. We may share aggregated demographic and statistical information with our partners. This is not linked to any personal information that can identify any individual person.

How We Protect the Security of Your Personal Information

The security of your personal information is very important to us.

In our efforts to protect your online transactions, we use a technology called Secure Sockets Layer (SSL). If your browser is capable of SSL (and most are), your personal information will be automatically encrypted, or encoded, before it is sent over the Internet.

Mira has also obtained a digital certificate from GeoTrust, Inc., a leading provider of Internet trust services. When you enter a secure portion of our site, which is any page containing any of your personal information, an image of a closed lock or a solid key should appear in the bottom bar of your browser window. If you click on this image, a small pop-up window displaying site-security information will appear. This certificate guarantees that your personal information is being transmitted in secure (encrypted) form to an authorized web server, not to some unknown or unauthorized server.

We will notify you as promptly as possible of any privacy breach after discovering or receiving notification of the breach, if we reasonably believe the information has been acquired by an unauthorized person or is subject to an unauthorized use. Access to our databases is restricted to authorized personnel and is password protected.

How You Can Decide What Marketing Communications You Receive From Us

If you choose to receive periodic communications from us, Mira Fitness may, from time to time, send you email messages describing new items, featured merchandise and special offers. You can choose to stop receiving this email at any time by contacting us.

Our Website utilizes the Mira Fitness mobile app, a software application controlled by Mira Fitness, LLC and processed by Atomic Object LLC. Mira Fitness collects the information provided by filling in forms when you register for the Software and services accessible through the Software such as name, email address, user name, password, date of birth; information, including but not limited to HEALTH RELATED DATA, that you upload by connecting an Mira Fitness device to the App and/or that you provide by manually filling in forms such as your age, gender, height, body weight, exercise preference, hours of exercise per week, the total number of aerobic steps and other steps taken, aerobic walking time, calories burned, fat burned, the time and date of measurement and the targets you set related to this data; as well as any interaction with the Software such as usage of the App and the resources you access. Details about your browser language settings, IP address, Device model and operating system if available, will not be stored in connection with the personal user data you provide. Mira Fitness may use the data collected to populate the Software; enhance the quality of your experience on the App; and examine the use of our App to provide certain analytical services. To learn more, visit the EULA. If you do not agree to the terms of the EULA, Mira Fitness, LLC will not license the Software and documents to you and you cannot register as an End-user and you should either stop the downloading process or remove the App from your device.

Contacting Mira Fitness

We will use your email address to respond to your questions, suggestions and/or requests for assistance in using our Website or App.

Other Times We May Collect Personal Information

From time to time, we may conduct surveys and contests via our Website or App, email and other media. If you choose to participate, we may request your name, email address, mailing address and other personal information.

How We Use Your Personal Information

Information we collect from our Website may be used to enhance your experience in the following ways:

• To respond to your customer service inquiries or requests;
• To communicate special offers and featured items to you, if you choose to receive such notices;
• To customize your experience;
• Share special offers from Mira Fitness partner organizations;
• To improve our business and to ensure the Website is working properly.

Information we collect from our Apps may be used to enhance your experience in the following ways:

• To enable you to upload, store and track Mira Fitness device data and manually entered data, including data related to your health, as set out above;
• To enable you to set targets related to the uploaded and manually provided information, including the data related to your health, and check progress to watch these targets;
• To improve the content of the Software to provide and improve functionality as set out above in order to tailor the Software better to the End user’s needs;
• To analyze de-identified, aggregate (health) data to understand usage trends and health data trends that can potentially lead to development of new products and services;
• To make sure that content from the Software and the services provided through the Software is presented in the most effective manner for you and for your devices. Your browser language settings and IP address will only temporarily be stored for security and login purposes and to present the Software in the language of your browser, if available;
• To carry out our obligations arising from the EULA;
• To notify you about changes to the Software or the services provided through the Software.

We may keep non-personally identifiable information that we collect for an unlimited period of time. Any personal information collected but not stored or maintained in the regular course of business will be securely destroyed. All information will be stored on secure data servers in the United States of America. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your data, we cannot guarantee the security of your data transmitted; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

When and With Whom We Share Your Personal Information

We will not sell or rent your personal information to any unaffiliated third parties under any circumstances. We will share personal customer information only with our agents, representatives and trusted service providers and contractors for limited purposes, including fulfilling customer requests, offering certain products and services in connection with our Website and Apps, communicating to customers, providing customer service, enhancing and improving customers’ experience and enabling access to our partners’ sites. Any information shared with a third party will not be beyond what is necessary and each third party will maintain its own privacy policy and enter into an appropriate data protection agreement with us.

On rare occasions, we may disclose personal information upon government request, in response to a court order, when permitted or required by law, to enforce our Website and App policies, or to protect our or others’ rights, property, or safety.

We might disclose personal information in connection with a corporate transaction. If we intend to sell or transfer ownership or control of any or all of our business, operations or services to a third party, we reserve the right to disclose certain personal information to a potential buyer both before and after the purchase, subject to conditions discussed below. However, if the sale goes through, we will require that the receiving party agree that they will be similarly bound by the provisions of this Privacy Policy and that they will only use and disclose your personal information as we are similarly entitled under this Privacy Policy. If the sale does not go through, we will require the potential purchaser to not use or disclose your personal information in any manner whatsoever and to completely erase the data.

Aside from the purposes described above, we will never share your personal information with any other third parties unless we have your express permission or under special circumstances, such as when we believe in good faith that the disclosure is required by law. We may share aggregated demographic and statistical information with our partners. This is not linked to any personal information that can identify any individual person.

How We Protect the Security of Your Personal Information

The security of your personal information is very important to us.

In our efforts to protect your online transactions, we use a technology called Secure Sockets Layer (SSL). If your browser is capable of SSL (and most are), your personal information will be automatically encrypted, or encoded, before it is sent over the Internet.

Mira has also obtained a digital certificate from GeoTrust, Inc., a leading provider of Internet trust services. When you enter a secure portion of our site, which is any page containing any of your personal information, an image of a closed lock or a solid key should appear in the bottom bar of your browser window. If you click on this image, a small pop-up window displaying site-security information will appear. This certificate guarantees that your personal information is being transmitted in secure (encrypted) form to an authorized web server, not to some unknown or unauthorized server.

We will notify you as promptly as possible of any privacy breach after discovering or receiving notification of the breach, if we reasonably believe the information has been acquired by an unauthorized person or is subject to an unauthorized use. Access to our databases is restricted to authorized personnel and is password protected.

How You Can Decide What Marketing Communications You Receive From Us

If you choose to receive periodic communications from us, Mira Fitness may, from time to time, send you email messages describing new items, featured merchandise and special offers. You can choose to stop receiving this email at any time by contacting us.

The only email messages you will receive from Mira Fitness when you elect not to receive informational emails will be to respond to your customer service inquiries and to answer any other questions you may have about us. We may also need to send operational emails to inform you of any changes that might affect your personal information, or to announce product recalls.

More About Your Privacy

We realize that visiting our Website and using our Apps, requires trust on your part. We value your trust very highly, and pledge to you, our customer, that we will work to protect the security of any personal information you provide to us and that your personal information will only be used as set forth in this Privacy Policy.

We believe that you have a right to know exactly what information we might collect from you, why we collect it and how we use it. You have the right to control your personal information as you see fit. We collect only the personal information you allow us to collect, and use it to help us serve you better.

To review and request changes to any of the personal information Mira Fitness has collected on you, or to ask any questions about our handling of your personal information, please contact Mira Fitness, LLC , Attention: Mira Fitness Consumer Services, 1925 N. Field Court, Suite 100, Lake Forest, IL, 60045.

Mira Fitness will not collect your data if you have enabled the Do Not Track feature on your browser. To learn how to enable the Do Not Track feature, please view the specific link for your browser.

• Mozilla Firefox
• Microsoft Internet Explorer
• Google Chrome
• Apple Safari 6

Governing Law

This Privacy Policy is governed by and interpreted in accordance with the laws of the State of Illinois, United States of America, without reference to conflict of laws principles. Any dispute arising out of or related to this policy will be brought in Illinois and each party agrees to the exclusive jurisdiction of the state and federal courts sitting in Cook County, Illinois, U.S.A. Each party waives all defenses of lack of personal jurisdiction and forum non conveniens.

Severability

If any provision of this agreement is found to be ineffective or invalid under law, such provision shall be severed from this agreement without affecting any other provision.

Changes to the Mira Fitness Privacy Policy

This Privacy Policy was created August 19, 2014. Mira has the right to modify this agreement at any time, with or without direct notice to you. Any modifications to this agreement will be posted on the Website and you agree that it is your responsibility to review updates to this agreement. Your continued use of the Website constitutes your agreement to these terms and conditions of use and any future modifications to this agreement. Mira may modify, revise, change or discontinue the Website and Software, in whole or in part, at any time without advance notice to you.

Software End-User License Agreement Version 1.0

You should print or save a copy of this EULA for future reference from the ‘manage my preferences’ area of the Software.

This end-user license agreement (“EULA”) is a legal agreement between you (“End-user” or “you”) and Mira Fitness, LLC, (“Licensor”, “us” or “we”) for the use of: the Mira Fitness website at mymirafit.com (“Website”) and Mira Fitness software (“Software”); and online or electronic documents, including but not limited to instruction manuals (“Documents”).

We license use of the Software and Documents to you on the basis of this EULA and subject to any rules or policies applied by any application store provider, such as but not limited to the Apple iTunes Store or Google Play Store, or by incorporated third party software providers such as but not limited to Atomic Object LLC (“Third Party Rules”). We do not sell the Software or Documents to you. We remain the owners of the Software and Documents at all times.

By clicking the “Accept” button below YOU AGREE to the terms of this EULA which will bind you. The terms of this EULA include, in particular, a disclaimer clarifying that the Software does not provide medical advice (section 1.6), limitations on liability (section 6) and the privacy and cookie policy as attached to this EULA as Annex 1.

By clicking the “Accept” button below YOU AGREE that we may collect and process the following data, including HEALTH RELATED DATA, for the purpose set out below. If you do NOT AGREE to the terms of this EULA, we will not license the Software and Documents to you and you cannot register as an End-user and you should stop the downloading process now by clicking on the “Cancel” button below. In this case the downloading process will terminate.

What information we may collect from you:

Information that you provide by filling in forms or other spaces dedicated for such information when registering for the Software and the services accessible through the Software, such as your name and your email address, user name, password and date of birth;

Information, including but not limited to HEALTH RELATED DATA, that you upload by connecting a Mira Fitness device to the Mira Fitness mobile app and/or that you provide by manually filling in forms or other spaces dedicated for such information, such as your age, gender, height, body weight, exercise preference, hours of exercise per week, the total number of aerobic steps and other steps taken, aerobic walking time, calories burned, fat burned, the time and date of measurement and the targets you set related to this data;

Details of your usage of the mobile app and the resources that you access.

Details about your browser language settings, IP address, device model and operation system, if available. This information will not be stored in connection with the personal user data you provided.

Use made of the information:

We may use the collected information about you in the following ways:

1. To enable you to upload, store and track Mira Fitness device data and manually entered data, including data related to your health, as set out above;
2. To enable you to set targets related to the uploaded and manually provided information, including the data related to your health, and check progress to watch these targets;
3. To improve the content of the Software to provide and improve functionality as set out under 1 and 2 above in order to tailor the Software better to the End user’s needs;
4. To analyze de-identified, aggregated (health) data to understand usage trends and health data trends that can potentially lead to development of new products and services;
5. To make sure that content from the Software and the services provided through the Software is presented in the most effective manner for you and for your Devices. Your browser language settings and IP address will only temporarily be stored for security and log in purposes and to present the Software in the language of your browser, if available.
6. To carry out our obligations arising from this EULA.
7. To notify you about changes to the Software or the services provided through the Software.

ANNEX 1: PRIVACY AND COOKIE POLICY AGREED TERMS

1. Acknowledgements

1.1 The terms of this EULA apply to the Software, the Documents and any of the services accessible through the Software (“Services”), including any updates or supplements to the Software, Documents or any of the Services, unless they come with separate terms, in which case those terms apply.

1.2 We may change these terms at any time by notifying you of a change when you next start or use the Software. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services. If you cannot accept any new terms you will not be able to use the Services any longer.

1.3 From time to time updates to the Software may be issued through the application store provider or the website. (“Website”). Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the Software and accepted any new terms. However, even if the information, Software or Services are outdated, we are under no obligation to update the Software or Services.

1.4 Before registering and or downloading the Software, you are requested to create your personal Mira Fitness user account existing of a user name and password as part of our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any personal user account and delete the data which you uploaded to the Software if in our opinion you have failed to comply with any of the provisions of these EULA.

1.5 We process information about you in accordance with our privacy and cookie policy. The terms of our privacy and cookie policy from time to time, as attached as Annex 1 to this EULA and also available at the Website (“Privacy Policy”), are incorporated into this EULA and apply to the Software and the Services. Additionally, by using the Software and/or any Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Software or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.6 YOU UNDERSTAND THAT THE SOFTWARE, SERVICES AND DOCUMENTS ARE PROVIDED ‘AS IS’ AND NOT INTENDED TO AMOUNT TO ANY ADVICE, INCLUDING BUT NOT LIMITED TO MEDICAL ADVICE, OR FOR DIAGNOSTIC PURPOSES ON WHICH RELIANCE SHOULD BE PLACED. WE ARE NOT A MEDICAL CARE PROVIDER AND DO NOT PROVIDE MEDICAL ADVICE. THE SOFTWARE, SERVICES AND DOCUMENTS ARE NOT INTENDED TO BE RELIED UPON IN LIEU OF MEDICAL TREATMENT OR ADVICE BY A TRAINED MEDICAL CARE PROVIDER. ALWAYS CONSULT YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS REGARDING ANY MEDICAL CONDITION, OR FOR SPECIFIC GUIDANCE REGARDING NUTRITION OR PHYSICAL ACTIVITY.

1.7 The Software or any Services may contain links to other independent third party websites (“Third Party Sites”). Third party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third Party Sites, including the purchase and use of any products or services accessible through them. You acknowledge and agree that Licensor is not responsible for and does not endorse any advertising, products, or information available from such third parties. Licensor reserves the right to remove any third-party link at any time if it is deemed inappropriate, even if approval for the link was previously given.

1.8 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2. Grant and scope of license

2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a personal, nontransferable, non-exclusive license to use the Software and the Services on your internet accessible devices such as computer(s) and/or smartphone(s) (“Devices”) , subject to these terms, the Documents, the Privacy Policy, the Terms of Use and the Third Party Rules, incorporated into this EULA by reference. We reserve all other rights.

2.2 You may:

• download a copy of the Software onto your Devices and to view, use and display the Software and Services on the Devices for your personal use only; and
• use the Documents for your personal use only.

3. License restrictions

Except as expressly set out in this EULA or as permitted by any local law, you agree:

• not to copy the Software or Documents except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;
• not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documents;
• not to make alterations to, or modifications of, the whole or any part of the Software or Documents, or permit the Software or Documents or any part of it to be combined with, or become incorporated in, any other programs;
• not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such thing except to the extent that such actions cannot be prohibited under local law, if applicable, provided that the information obtained by you during such activities:
  1. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
  2. is not used to create any software that is substantially similar to the Software;
• to keep all copies of the Software and Documents secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software or Documents;
• not to provide or otherwise make available the Software in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
• to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Software, Documents or any of the Services (“Technology”).

4. Acceptable use restrictions

Except for the limited privileges granted herein, or otherwise permitted by applicable law, no part of the Website, Software or Documents may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without express prior written consent by Licensor. You must:

• not use the Software, Documents or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Software, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the Software, Documents or any Service (to the extent that such use is not licensed by this EULA);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software, Documents or any Service;
• not use the Software, Documents or any Service in a way that could interfere with other users or damage, disable, overburden, impair or compromise our systems or security or those of any third party in relation with the Software, Documents or Service; and
• not attempt to decipher any transmissions to or from the servers running the Software or any Service.

5. Intellectual property rights

5.1 You acknowledge that all intellectual property rights in the Software, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software, the Documents, the Services or the Technology other than the right to use each of them in accordance with the terms of this EULA.

5.2 You acknowledge that you have no right to have access to the Software in source-code form.

5.3 Any data, comments or materials you have sent through the Software or sent to us via the support contact details asset out in section 6, including feedback data, such as questions, comments, suggestions, or the like (“Feedback”), shall be deemed to be non-confidential and non-proprietary. We shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation, except for personal data which might be included in the Feedback and which will only be used to contact you on any questions you might have or to resolve any issues you might experience in using the Software. Furthermore, we shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. You are prohibited from posting or transmitting to or from the Software any Feedback:

• Uploading programs and/or files that contain viruses and/or corrupted files that may damage the operation of the website or any computers;
• Making false statements and/or notifications, including registration of e-mail addresses belonging to other parties.
• that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; for which you have not obtained all necessary licenses and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the United States of America or any other country in the world.

6. Limitation of liability and indemnity

6.1 You acknowledge that the Software, Services and Documents have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software and Services meet your requirements.

6.2 We only supply the Software, Documents and Services for personal use. You agree not to use the Software, Documents and Services for any commercial, business or resale purposes.

6.3 Use of and access to the Software and Services is permitted on a temporary basis, and we reserve the right to withdraw or amend Software and the Services without notice. From time to time, we may restrict access to some parts of the Software or Services, the entire Software, or to users who have registered with us. We will not be liable if for any reason the Software or any of the Services is unavailable at any time or for any period.

6.4 THE SOFTWARE, SERVICES AND DOCUMENTS ARE PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. FURTHERMORE, TO THE EXTENT PERMITTED BY LAW, WE, OTHER MEMBERS OF OUR GROUP OF COMPANIES AND THIRD PARTIES CONNECTEED TO US HEREBY EXPRESSLY EXCLUDE:

1. ALL GUARANTEES, CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED;
2. ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH THE SOFTWARE, DOCUMENTS OR SERVICES OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF THE SOFTWARE, DOCUMENTS OR SERVICES AND ANY MATERIALS POSTED ON IT, INCLUDING BUT NOT LIMITED TO:
   1. LOSS OF INCOME OR REVENUE;
   2. LOSS OF BUSINESS;
   3. BUSINESS INTERRUPTION;
   4. LOSS OF BUSINESS OPPORTUNITY;
   5. LOSS OF PROFIT OR CONTRACTS;
   6. LOSS OF ANTICIPATED SAVINGS;
   7. LOSS OF DATA;
   8. LOSS OF GOODWILL;
   9. WASTED MANAGEMENT OR OFFICE TIME;

6.5 OUR MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS EULA (INCLUDING ANY USE OF ANY OF THE SERVICES) WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO $10,000.

6.6 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LICENSOR HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEY FEES AND EXPENSES, RELATED TO YOUR VIOLATION OF THESE EULA OR YOUR USE OF THE SOFTWARE, DOCUMENTS OR SERVICES OR FOR ANY CLAIMS MADE AGAINST LICENSOR BY ANY THIRD PARTY ARISING FROM YOUR USE OF THE WEBSITE. YOU AGREE YOUR INDEMNIFICATION OF LICENSOR INURES TO THE BENEFIT OF THE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS OF LICENSOR, AND ITS SUCCESSORS IN INTEREST.

7. Termination

7.1 We may terminate this EULA immediately and without incurring any liability by written notice to you:

1. if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
2. if you breach any of the License Restrictions or the Acceptable Use Restrictions; and
3. if we decide in our sole discretion to no longer support the Software and/or Services and close the Software indefinitely.

7.2 On termination for any reason:

1. all rights granted to you under this EULA shall cease;
2. you must immediately cease all activities authorized by this EULA, including your use of any Services; and
3. you must immediately delete or remove the Software from all Devices, and immediately destroy all copies of the Software and Documents then in your possession, custody or control and certify to us that you have done so;
4. and thereafter, you remain bound by the sections that by their nature or intended character can survive expiration or termination of this EULA, such as, but not limited to section 1, 5, 6, 10 and this section.
5. we will delete your user account and any data which you uploaded to the Software.

8. Communication between us

8.1 If you have any concerns about the Software, the Services or Documents, if you have any questions, comments and requests regarding this EULA or if any condition in this EULA requires you to give us notice in writing, then please contact us via email or through regular mail to: Mira Fitness, LLC, 1925 W. Field Court Lake Forest, IL 60045. We will confirm receipt of this by contacting you in writing, normally by e-mail.

8.2 If we have to contact you or give you notice in writing, we will do so by e-mail to the address you provided to us when creating your personal user account necessary for the use of the Software.

9. Events outside our control

9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).

9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:

1. our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
2. we will use our reasonable endeavors to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

10. Other important terms

10.1 We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.

10.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

10.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.