The Stroll app is designed to help its users get and stay healthy in a positive, motivating, and fun environment. This document (“Agreement”) is a legally binding agreement between you and Z Axis Labs, Inc., a Delaware company (“Z Axis Labs”, “we” or “our”), that governs your use of the software application Stroll (“Stroll”, “App”, “Service” or “Application”) that was created by Z Axis Labs for mobile phones, together with the back-end server and the associated services. Stroll is a fitness mobile application that helps users of the app track their fitness information, like the distance they walk daily. Users can create or join teams and engage in competitions. Users can also send messages to other users of the App and compare performance on a leaderboard.

Intellectual Property

We retain our rights title and interest in Stroll, and all that makes up Stroll, including, without limitation, software, design, text, graphics, logos, patents, trademarks, service marks, copyrights (“our property”), and all intellectual property rights related to our property. Subject to this Agreement, we give you a non-exclusive, limited, non-transferable, freely revocable license to use Stroll for noncommercial use only (aka you can’t resell Stroll). We reserve all rights not expressly granted in this Agreement in Stroll and our property. This Agreement do not provide you with any rights to use our trademarks, logos, domain names, or other brand features. Use of our property for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to give us feedback or ideas about Stroll, including improvements (“ideas”). By submitting an idea, you agree that you’re doing it out of the goodness of your heart and not for financial gain or other recognition. We are free to use the idea or share it with others, or we may use a similar idea, developed by our employees or obtained from another source.

Privacy and Security

Please review our privacy policy for the specific details. Your privacy is extremely important to us – we care about the integrity and security of your personal information. We leverage several security mechanisms provided by Apple for iOS applications, Google for Android applications and Firebase Cloud Messaging, and Amazon for Amazon Web Services, and we believe those are strong. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your information stored on your phone or on our server for improper purposes. You acknowledge that you provide your information at your own risk.

Software

To use the Application you must have a device that is compatible, so we cannot guarantee that the Application will work on your device. Your license to use the Application is automatically revoked if you violate this Agreement. You may not copy, modify, distribute, sell, or lease any part of Stroll or included software, nor may you reverse engineer or attempt to extract the source code of that software (unless laws prohibit those restrictions).

Z Axis Labs has a right to allow Stroll to utilize the processor, bandwidth, battery power, and storage hardware on your mobile device for the limited purpose of facilitating the communication, display, storage and transmission of data required for its operation.

App Updates: From time to time, we may issue upgraded versions of the Application. You agree that this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Application is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.

Account and Data

You must be 13 years old to use the Service. Regardless of what anything else says in this Agreement or our Privacy Policy, you do not own the account that you create in our App, and your account is not your property. This also applies to other stuff, like in-App points, teams, or items, regardless of whether you “earned” or “created” those items in the App or “purchased” them. Your account and the items related to the Application are owned by Z Axis Labs, except for your exercise data and Your Content that was provided to Stroll. Z Axis Labs gives you a limited license to use your account and the related items while we offer the Service.

We may delete or terminate accounts that are inactive (i.e., not logged into) for 90 days. We may delete accounts that break any of the terms outlined in this Agreement.

If you want us to delete your account, please contact us at the email, support@zaxislabs.com.

Content

The Service may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to the Service by you or through your account (“Your Content”). We take no responsibility for Your Content.

  • Share only the Content that you have the right to share.
  • Post photos and videos that are appropriate for a diverse audience. We don’t allow Content including nudity, acts of violence or other inappropriate Content.
  • No solicitation, spamming, or advertising.
  • Do not post other’s identifying information (pictures, screen name, location, age, etc).
  • We do not claim ownership of Your Content, but you grant us a license to use it for the purpose of enhancing the user experience in the App.
  • We’re not responsible for storing your content. We may delete Content from the Service periodically to save space or adhere to regulations.
  • Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, review, delete or remove Your Content at any time and for any reason, including for a violation of this Agreement, or if you otherwise create liability for us.
  • The Service may contain links to third-party websites, products, or services, which may be posted by other users like you (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of those websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

We may, at our discretion, choose to monitor and/or record your interaction with the Service or your communications with Z Axis Labs or other users (including without limitation chat, text and voice communications) when you are using the Service.

We are not responsible for Content provided by other users. However, if someone is violating these terms or misusing the Service, please let us know by sending an email to support@zaxislabs.com.

Your Dealings with Other Users

You are responsible for your interactions with other users. If you have a problem with another user, we are not required to get involved, but we can if we desire.

  • Maintain a supportive and positive environment. Be respectful to others.
  • Don’t advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment.
  • Don’t get too competitive. You can encourage others to walk more or get healthier, but do that in a positive and encouraging way. Don’t shame, threaten, or engage in any activity that could cause physical or mental harm to others. Remember that some of our users might have physical limitations.
  • There is a feature to send messages to other users or to a team chat. This is intended as an added benefit and we support this feature on a best effort basis. It is not intended to be used as a primary communications service.

If you have a dispute with another user, you release Z Axis Labs and its officers, directors, agents, subsidiaries, joint ventures, and employees, and all Z Axis Labs affiliates from responsibility, claims, demands and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute.

Teams and Team Administrators

The feature to join teams, create teams, and engage in team competitions is provided to create a sense of community and add an element of fun in your journey to stay healthy.

  • When you create a team with a name that represents a group of people (for example, a company), make sure that you have the necessary rights to create such a team.
  • When you create a team with a name that represents something that you don’t own (for example, a city, university, workplace etc.) you have a responsibility to create an inclusive environment for all the members wanting to participate.
  • Maintain a positive, inclusive environment in line with other sections of this Agreement.
  • We retain the right to remove your administrative powers and remove or not remove the associated team or the community. We’re most likely to exercise this power if you break any of the terms in this Agreement.
  • You are not allowed to use the app for a financial benefit. For example, you cannot “sell” a team that you’ve created.
  • We might automatically match your team with another team for a competition.

Your Health

You should use your own judgement in your capabilities and wellbeing while trying to meet the goals or win competitions. We’re not responsible for any mental or physical harm caused by you interacting with the Application or the Community.

Stroll is not a replacement for health monitoring or related services. The accuracy of the data collected and presented through Stroll is not intended to match that of medical devices or scientific measurement devices. We depend on other services like Apple Health, Google Fit, Fitbit etc. to collect the activity data, mainly the steps and distance covered by walking or running. The data is meant only as an approximate indication of your distance covered and not intended as a replacement of any health related services. You are responsible for preserving the data at the source and should not consider Stroll as a replacement for a health data depository. By making your activity data available on or through Stroll you grant to Z Axis Labs a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, and display your activity data only in connection with operating and providing the Stroll service.

Prohibited Scenarios

You agree not to misuse the Service or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Service:

  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas or parts of the Service;
  • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • violate the law in any way;
  • use the Service to harvest, collect, gather or assemble information or data regarding the Service or users of the Service; or
  • violate the privacy or infringe the rights of others.

 

All Sales are Final

You acknowledge that Z Axis Labs is not required to provide a refund for any reason, and that you will not receive money or other compensation when an account is closed, whether such closure was voluntary or involuntary.

Modifying and Terminating Service

We are constantly changing and improving Stroll. We may add or remove features, and while we’ll do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change Stroll and related services at any time without prior notice.

Indemnity

You agree to indemnify and hold Z Axis Labs and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.

No Warranty

Stroll is provided on an “as-is” and “as available” basis. Use of Stroll is at your own risk. To the maximum extent permitted by applicable law, Stroll is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Z Axis Labs and its licensors, do not warrant that the information is accurate, reliable or correct; that Stroll will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that Stroll is free of harmful components.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Z Axis Labs, its affiliates, officers, directors, employees or licensors be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of profits, business interruption, corruption of files, loss of business information, loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use Stroll, even if you have advised Z Axis Labs about the possibility of such loss, and including any damages resulting therefrom.

Changes to These Terms

Z Axis Labs may make changes to this Agreement at its sole discretion. Changes will be communicated by us posting the new version of the Agreement on the Z Axis Labs company or product websites or as otherwise determined by Z Axis Labs in its sole discretion and your acceptance of and / or continued use of Stroll after such notification of changes to this Agreement will constitute your acceptance of such changes. You may also be asked to re-acknowledge and reaccept this Agreement following any material changes.

Arbitration

Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Z Axis Labs, you agree to try to resolve the dispute informally by contacting the representative below via email, with a CC to support@zaxislabs.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Z Axis Labs may bring a formal proceeding.

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Washington or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in mobile software applications and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. You and Z Axis Labs agree that each may bring claims against the other only in your or its individual capacity, and not as a class member or in any representative capacity or proceeding. Further, the arbitrator shall not consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding.

Third Party Software

This application makes use of the following third party libraries:

## Firebase. Copyright 2017 Google.

## FirebaseAnalytics. Copyright 2016 Google.

## FirebaseCore. Copyright 2016 Google.

## FirebaseCrash. Copyright 2016 Google.

## FirebaseInstanceID. Copyright 2016 Google.

## FirebaseMessaging. Copyright 2016 Google.

## GoogleInterchangeUtilities. Copyright 2016 Google.

## GoogleSymbolUtilities. Copyright 2016 Google.

## GoogleToolboxForMac

Apache License. Version 2.0, January 2004. http://www.apache.org/licenses/

## IAPHelper

The MIT License (MIT)

Copyright © 2014 IAPHelper<https://github.com/saturngod/IAPHelper>

The software is provided “as is” and the author disclaims all warranties with regard to this software including all implied warranties of merchantability and fitness. In no event shall the author be liable for any special, direct, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this software.”

## RequestQueue.h

Version 1.5.4. Created by Nick Lockwood on 22/12/2011. Copyright (C) 2011 Charcoal Design. Distributed under the permissive zlib License.

We depend on various trusted third parties to offer the Service. For example, the server is hosted on Amazon Web Services, and analytics and messaging is provided by Google Firebase. Any end-user terms in their terms of use will be applicable to our Service too.

Representative

Roby Kurian

Founder and CEO, Z Axis Labs

Email: roby [at] zaxislabs.com. (replace “[at]” with “@” and remove the spaces)

Seattle, WA