Vita Terms of Use & Privacy Policy

Terms of Use

End-User License Agreement

Please read this End-User License Agreement ("Agreement") carefully before downloading or using Vita by Pillar ("Application").

By downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

This Agreement is a legal agreement between you (either an individual or a single entity) and Vita by Pillar app and it governs your use of the Application made available to you by Vita by Pillar app.

If you do not agree to the terms of this Agreement, do not download or use the Application.

The Application is licensed, not sold, to you by Vita by Pillar app for use strictly in accordance with the terms of this Agreement.

License

Vita by Pillar app grants you a revocable, non-exclusive, non-transferable, limited license to download,install and use the Application solely for your personal, non-commercial purposes strictly inaccordance with the terms of this Agreement.

Restrictions

You agree not to, and you will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third-party.

Copy or use the Application for any purpose other than as permitted under the above section ‘License'.

Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.

Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Vita by Pillar app or its affiliates, partners, suppliers or the licensors of the Application.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Vita by Pillar app.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions")provided by you to Vita by Pillar app with respect to the Application shall remain the sole and exclusive property of Vita by Pillar app.

Vita by Pillar app shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Modifications to Application

Vita by Pillar app reserves the right to modify, suspend or discontinue, temporarily or permanently, theApplication or any service to which it connects, with or without notice and without liability to you.

Updates to Application

Vita by Pillar app may from time to time provide enhancements or improvements to the features and functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the Application and/or your data. You agree that Vita by Pillar app has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").

You acknowledge and agree that Vita by Pillar app shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Vita by Pillar app does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Privacy Policy

Vita by Pillar app collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available at https://www.pillar-app.com/privacy. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.

Term and Termination

This Agreement shall remain in effect until terminated by you or Vita by Pillar app.

Vita by Pillar app may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Vita by Pillar app, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.

Termination of this Agreement will not limit any of Vita by Pillar app's rights or remedies at law or inequity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold Vita by Pillar app and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b)violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Vita by Pillar app, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Vita by Pillar app provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Vita by Pillar app nor any Vita by Pillar app's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Vita by Pillar app are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Vita by Pillar app and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.

To the maximum extent permitted by applicable law, in no event shall Vita by Pillar app or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Vita by Pillar app or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

Amendments to this Agreement

Vita by Pillar app reserves the right, at its sole discretion, to modify or replace this Agreement at anytime. If a revision is material we will provide at least 30 days' notice prior to any new term staking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

Governing Law

The laws of United Kingdom, excluding its conflicts of law rules, shall govern this Agreementand your use of the Application. Your use of the Application may also be subject to other local,state, national, or international laws.

Contact Information

If you have any questions about this Agreement, please contact us.

Entire Agreement

The Agreement constitutes the entire agreement between you and Vita by Pillar app regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Vita by Pillar app.

You may be subject to additional terms and conditions that apply when you use or purchase other Vita by Pillar app's services, which Vita by Pillar app will provide to you at the time of such use or purchases

Privacy policy

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Definitions

Service

Service means the www.pillar-app.com website and the Pillar mobile application operated by Vita by Pillar App

Personal Data

Personal Data means data about a living individual who can be identified from those data(or from those and other information either in our possession or likely to come into our possession).

Usage DataUsage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).CookiesCookies are small files stored on your device (computer or mobile device).‍Data ControllerData Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.**Data Processors (or Service Providers)**Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.**Data Subject (or User)**Data Subject is any living individual who is using our Service and is the subject of Personal Data.

a.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

●  Email address

●  First name and last name

●  Address, State, Province, ZIP/Postal code, City

●  Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").

This Usage Data may include information such as your computer's Internet Protocol address(e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Health and Fitness Data

Health and fitness data (including but not limited to heart rate variability, activity levels, and other metrics available from wearable devices and phone health kits)

We want to emphasize that you have full control over whether to connect wearable devices. Our app provides value even without these additional data sources, and you can choose to use or not use these features at any time without affecting your ability to use the core functions of our app.

Location Data

We may use and store information about your location if you give us permission to do so ("Location Data"). We use this data to provide features of our Service, to improve and customize our Service.

You can enable or disable location services when you use our Service at any time by way of your device settings.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyses our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

●  Session Cookies. We use Session Cookies to operate our Service.

●  Preference Cookies. We use Preference Cookies to remember your preferences andvarious settings.

●  Security Cookies. We use Security Cookies for security purposes.

Data Collection Methods

In addition to the types of data mentioned above, we employ specific methods to collect personal and sensitive user data, particularly for health-related information:

  1. Wearable Device Data: We use a third-party service provider called Terra to collect data from various wearable devices and phone health kits. Terra collects this data from third-party sources and transmits it directly to our backend systems. For more information on how Terra handles your data, please refer to their end-user privacy policy at https://tryterra.co/end-user-privacy. Note, it is not necessary to connect your wearable device in-order to use the app.

  2. Direct HRV Measurement: For direct Heart Rate Variability (HRV) measurements, we use your device's camera to capture the necessary information. This data is then processed by our third-party service provider, Spren, to calculate HRV values. For details on how Spren manages your data, please review their privacy policy at https://www.spren.com/privacy-policy.

We are committed to protecting your privacy and ensuring that all data collection and processing activities comply with applicable laws and regulations. By using our Service, you consent to these data collection methods. You have the right to opt-out or request the deletion of your data at any time, subject to our legal obligations and the technical limitations of our Service.

Use of Data

Vita by Pillar App uses the collected data for various purposes:

●  To provide and maintain our Service

●  To notify you about changes to our Service

●  To allow you to participate in interactive features of our Service when you choose to do se

●  To provide customer support

●  To gather analysis or valuable information so that we can improve our Service

●  To monitor the usage of our Service

●  To detect, prevent and address technical issues

●  To provide you with news, special offers and general information about other goods, services and events which  we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

● To collect and process health and fitness data from wearable devices

● To measure and analyze Heart Rate Variability (HRV) using camera data

● To provide a personalized indication of fatigue

● To aggregate and anonymize data for research and development purposes to improve our readiness algorithms and services

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Vita by Pillar App legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Vita by Pillar App may process your Personal Data because:

●  We need to perform a contract with you

●  You have given us permission to do so

●  The processing is in our legitimate interests and it is not overridden by your rights

●  For payment processing purposes

●  To comply with the law

Retention of Data

Vita by Pillar App will retain your Personal Data only for as long as is necessary for the purposes setout in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

Vita by Pillar App will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on —computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside United Kingdom and choose to provide information to us, please note that we transfer the data, including Personal Data, to United Kingdom and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Vita by Pillar App will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Business Transaction

If Vita by Pillar App is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, Vita by Pillar App may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Vita by Pillar App may disclose your Personal Data in the good faith belief that such action is necessary to:

●  To comply with a legal obligation

●  To protect and defend the rights or property of Vita by Pillar App

●  To prevent or investigate possible wrongdoing in connection with the Service

●  To protect the personal safety of users of the Service or the public

●  To protect against legal liability

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Our Policy on "Do Not Track" Signals under the California Online Protection Act(Cal OPPA)

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights under the General Data Protection Regulation(GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Vita by Pillar App aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your Personal Data.

The right of restriction. You have the right to request that we restrict the processing of your personal information.

The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

The right to withdraw consent. You also have the right to withdraw your consent at anytime where Vita by Pillar App relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Data Protection Mechanisms

At Vita by Pillar App, we take the security and protection of your data. We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. Here are some of the key data protection mechanisms we employ:

  • Encryption: All sensitive data, including health data collected through Health Connect and other sources, is encrypted both in transit and at rest. We use HTTPS for rest API security and SLL/TLS for data encryption.

  • Access Controls: We implement strict access controls and authentication mechanisms to ensure that only authorized personnel can access user data. This includes the use of strong passwords, two-factor authentication, and role-based access control.

  • Secure Infrastructure: Our systems are hosted on secure, SOC 2 compliant cloud infrastructure with built-in safeguards against unauthorized access, data breaches, and other security threats.

  • Secure Development Practices: All development and testing are performed in isolated environments that do not contain real user data.

  • Third-Party Security: We ensure that our third-party service providers, including Terra and Spren, maintain similarly high standards of data protection. We regularly review their security practices and compliance with relevant data protection regulations.

  • Regular Updates: We keep our systems and security measures up to date with the latest security patches and best practices.

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist using analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyse the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Firebase

Firebase is analytics service provided by Google Inc. You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

We also encourage you to review the Google's policy for safeguarding your data: [https://support.google.com/analytics/answer/6004245.](https://www.pillar-app.com/privacy#)

For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Health and Fitness Data Providers

We use specialized third-party services to collect and process health and fitness data:

Terra

Please note that the use of this services is optional and not required to use our app.Terra is a service that collects data from various wearable devices and transmits it to our backend systems. This allows us to integrate health and fitness data from multiple sources. For more information on Terra's privacy practices, please visit their End User Privacy Policy: https://tryterra.co/end-user-privacy

Spren Spren is a service we use to process camera data for Heart Rate Variability (HRV) measurements. They provide the algorithms and analysis to calculate HRV values from the raw data captured by your device's camera. For more information on Spren's privacy practices, please visit their Privacy Policy: https://www.spren.com/privacy-policy

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Apple Store In-App Payments

Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/

Google Play In-App Payments

Their Privacy Policy can be viewed at https://www.google.com/policies/privacy/

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes byposting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

Still have questions? Contact us or email us at hello@pillar-app.com. We’ll reply as soon as possible!