Thanks for using Count It! These terms of service ("Terms") cover your use and access to the Count It web platform, related mobile apps, and support services (“Services”) provided by Count It Labs, Inc. along with our Private Label Partners (“PL Partners”). Count.It is headquartered in New York City, and our Services are provided to you by Count It Labs Inc.. If you are a resident of the European Economic Area (“EEA”), Count It Labs Inc. is the controller of your personal data for the purposes of EEA data protection law. On Count It, you will participate in challenges and wellness program run by your company, organization, or other community group (“Group”). By using our Services, you're agreeing to be bound by these Terms, and you're agreeing to these Terms on behalf of your Group.
Count.It collects information about you, including information that directly or indirectly identifies you, if you choose to share it with Count.It. We receive information in a few different ways, including when you create an account, connect a fitness tracking application, and upload activity data using the Services. Count.It also collects information about how you use the Services.
We collect basic account information such as your name and email address, as well as enhanced profile information when you choose to upload a picture to your account. We use this to provide an “avatar” for you that will be recognizable to yourself and other users, including when you comment on or like others’ activities, or otherwise use the Services.
We use your contact information so we can respond to your support requests and comments.
To participate in challenges on Count.It, you can connect one or more fitness tracking applications, including Apple Health, Google Fit, Fitbit, Garmin, and more. When you connect a tracking app, you will grant permissions to share specific requested data, including your daily step count, workout-related data such as your exercise type, duration, location, and any relevant distance or speed information. We also collect data on other challenge activities such as meditation and mindfulness sessions. This data is used strictly to calculate your points in the challenge, and to display along your personal activity “timeline” for a given challenge.
When you participate in a challenge on Count.It, we need to know your timezone so we can generate a daily score for you that corresponds to your actual day. To do so, we collect and process your location information when you sign up for and use the Services. We do not otherwise collect or track your location, nor do we collect or make use of GPS data in your phone or other devices.
Count.It collects your daily step count information from devices and apps you connect to Count.It. For example, you may connect your Apple Health or Google Fit to Count.It and your daily step data from these apps will be passed along to Count.It.
Note for Google users: Count.It does not use your activity data for any other purpose, nor does it transmit the data to third parties. To the extent that any activity data and information is transferred between our servers or within the Services, the use and transfer of information received from Google APIs to any other app or service will adhere to Google API Services User Data Policy, including the Limited Use requirements.
When you make a payment on Count.It, you may provide payment information such as your payment card or other payment details. We use Payment Card Industry compliant third-party payment services and we do not store your credit card information.
We collect information from your browser, computer, or mobile device, which provide us with technical information when you access or use the Services. This technical information includes device and network information, cookies, log files and analytics information.
The Services use log files. The information stored in those files includes IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is used to analyze trends, administer, protect and secure the Services, track member movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses may be linked to session IDs and device identifiers.
We may collect information from you through third parties, such as when we collect your feedback through surveys.
We may also collect information about you from other members such as when they like your activity on the app.
Count.It uses the information we collect and receive as described below.
We use the information we collect exclusively to host virtual challenges within the Count.It app.
Count.It does not disclose or sell your detailed personal data to third parties
Count.It does not sell advertising, and will not provide your detailed personal information to any third party advertisers or marketers.
We use the information we collect to protect members, and to ensure the Services work for all users.
We also use the information we collect to analyze, develop and improve the Services. To do this, Count.It may use third-party analytics providers to gain insights into how our Services are used and to help us improve the Services.
We use the information we collect to provide support in response to your requests and comments.
We may also use the information we collect to market and promote the Services, activities and events on Count.It, and other commercial products or services. This includes marketing and push communications, where you have not opted out of receiving such messages and notifications.
We use the information we collect to process your subscription.
We do not sell your personal information. Count.It may aggregate the information you and others make available in connection with the Services and post it publicly or share it with third parties. Examples of the type of information we may aggregate include information about equipment, usage, demographics, and performance. Count.It may use, sell, license, and share this aggregated information with third parties for research, business or other purposes.
In addition to sharing aggregated data about our members as described above, we also share personal information in accordance with your preferences, as needed to run our business and provide the Services, and where required for legal purposes, as set forth below.
Some End Users will also have administrative responsibility for their Count It Groups (“Group Admins”). Group Admins, including those of paying subscribers to our Count It PRO service, and clients of our PL Partners, have access to our various Admin tools. These tools allow Admins to delete user accounts, or to bar End Users from their Group. Group Admins can also access and download various data sets pertaining to their Group, including aggregate user activity data, challenge results, rewards payouts, and daily per user Count It Score data. Group Admins use this data to operate their wellness program, and agree not to share this data with any additional third parties without your express consent, unless required to do so by law.
We may share your information with third parties who provide services to Count.It such as supporting, improving, promoting and securing the Services, processing payments, or fulfilling orders. These service providers only have access to the information necessary to perform these limited functions on our behalf and are required to protect and secure your information. We may also engage service providers to collect information about your use of the Services over time on our behalf, so that we or they may promote Count.It or display information that may be relevant to your interests on the Services or other websites or services.
As a social challenge application, we share your information with other members of your group on Count.It.
We may share your information with affiliates under common control with us, who are required to comply with the terms of this Privacy Policy with regard to your information. If Count.It becomes involved in a business combination, securities offering, bankruptcy, reorganization, dissolution or other similar transaction, we may share or transfer your information in connection with such transaction.
We may preserve and share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that such disclosure is allowed by the law or reasonably necessary to comply with the law, including to respond to court orders, warrants, subpoenas, or other legal or regulatory process.
We may share your information with third parties when we forward Digital Millennium Copyright Act (DMCA) notifications, which will be forwarded as submitted to us without any deletions.
You may correct, amend or update profile or account information at any time by adjusting that information in your account settings.
You can delete your account using our self-service tools. To request that your account is deleted, click here.
After you make a deletion request, we permanently and irreversibly delete your personal data from our systems.. Once deleted, your data, including your account, activities and place on leaderboards cannot be reinstated.
We provide the same privacy tools and controls to all of our members worldwide. Particular rights may be available to you if you reside in certain locations, such as the EEA, Brazil or California. Learn more about your rights and how to exercise them.
If you are habitually located in the EEA, you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your information.
Count.It relies on a number of legal bases to collect, use, share, and otherwise process the information we have about you for the purposes described in this Privacy Policy, including: as necessary to provide the Services and fulfill our obligations pursuant to the Terms of Service. For example, we cannot provide the Services unless we collect and use your location information;
The Services are operated from the United States. If you are located outside of the United States and choose to use the Services or provide information to us, you acknowledge and understand that your information will be transferred, processed and stored in the United States, as it is necessary to provide the Services and perform the Terms of Service. United States privacy laws may not be as protective as those in your jurisdiction.
We retain information as long as it is necessary to provide the Services to you and others, subject to any legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the Services or until your account is deleted. Additionally, we may retain information to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Service and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.
Information connected to you that is no longer necessary and relevant to provide our Services may be de-identified or aggregated with other non-personal data to provide insights which are commercially valuable to Count.It, such as statistics of the use of the Services.
You're responsible for your conduct. If you misbehave on our system your account will be deleted. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services.
Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Count It trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
All subscription agreements, including terms and rates, for clients of PL Partners are controlled by the relevant subscription agreements between PL Partner and Group(s).
Billing. We'll automatically bill you from the date you convert to a Pro Account and on each periodic renewal until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so.
No Refunds. You may cancel your Count It Pro Account at any time but you won't be issued a refund.
Downgrades. Your Pro Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it or reduce your storage to free space levels.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
Email address. If you sign up for a Count It account with an email address provisioned by your employer, your employer may be able to block your use of Count It until you associate your Count It account with a personal email address.
Using Pro Edition. If you join a Pro Edition account, you must use it in compliance with your employer's terms and policies. Please note that Count It Pro Edition accounts are subject to your employer's control. Your administrators may be able to access, disclose, restrict, or remove information in or from your Count It Pro Edition account. They may also be able to restrict or terminate your access to a Count It Pro Edition account.
You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. Except for Pro Edition Accounts, we reserve the right to terminate and delete your account if you haven't accessed our Services for 12 consecutive months. We'll of course provide you with notice via the email address associated with your account before we do so.
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, COUNT IT AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don't allow the disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT COUNT IT HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO COUNT IT FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don't allow the types of limitations in this paragraph, so they may not apply to you.
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 Count It, you agree to try to resolve the dispute informally by contacting support@countit.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Count It may bring a formal proceeding.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
These Terms will be governed by Delaware law except for its conflicts of laws principles. Any dispute under this Agreement shall be brought exclusively in the state and federal courts within the State of Delaware.
These Terms constitute the entire agreement between you and Count It with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Count It's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Count It may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these terms from time to time, and will always post the most current, operative version on our website - and notify all Count It PRO clients of any changes from version to version. If a revision materially affects a client's rights, we will email the proposed changes to all Count It PRO clients 30 days in advance of posting to the site to allow review and comment.