Terms of Service
Last updated: October 24, 2018
This policy was created because of the European Community’s 2018 privacy regulations, and pursuant to US privacy laws and regulations, to answer the following questions:
- What information do we collect about you and how do we use it?
- Will we share your personal information with third parties?
- What choices do you have about the collection and use of your personal information?
- What security measures do we take to safeguard your personal information?
By using the Services, including by creating an account and/or submitting an image or other data, You are agreeing to our TOS; in order to provide You with information, accept and process Your Content and/or an order, analyze Your Content and make recommendations and/or provided any analysis to You, we have to process certain data and information including Personal Data that we collect from our Users, and that each User inputs. In order to operate the site, and prevent technical issues and breaches, we need to process (e.g. collect, store, retrieve, disseminate, make available, and delete) certain data and information including personally identifying information, also known as “Personal Data”. Personal Data includes Your username, Your email address, Your IP information and any personally identifying information You enter on the Service, including information that You put into Your profile, such as Your email address, any image, video or photograph that You submit or provide to True Preferences, and other Content that You may submit to, on or through the Service.
If You submit information to True Preferences for purposes of seeking employment with True Preferences, Inc. as an employee or contractor, True Preferences reserves the right - but does not have a duty - to retain it in the manner in which True Preferences retain similar business records, and reserve the right to use such information for purposes of determining Your suitability for the position You seek and any retention in and/or promotions therefrom.
If You do not agree to any aspect of our TOS, You must discontinue use of our Services, delete the app and cease accessing the website. You should print or otherwise save a copy of our TOS for Your records.
We may update or change our TOS from time to time and recommend that You review our TOS on a regular basis. The most current version of our TOS may be viewed at (our link to TOS). If We make a change to our TOS, the revised version of our TOS will be posted on our Website, and We reserve the right to send notification of such change to any email address submitted to True Preferences by You; Because this information is important to Your interaction True Preferences and Your use of the Services, You may not opt out of receiving these communications. You understand and agree that Your continued use of our Services after our TOS have changed constitutes Your acceptance of our TOS as revised.
You have come to True Preferences to obtain True Preferences Services for Yourself; in order to provide You with our True Preferences Services, You have to provide us with certain information, and to provide You with said Services, we collect and retain certain information about You as well:
- When You create a True Preferences account, which involves registering for our Services
- If You subscribe to a mailing list, enter a contest, or contact us;
- When You submit Content
- When You interact with one of our Partners or another service provider on the Service; and
- When You pay for a Service or an item.
PAYMENT SERVICE AUTHORIZATION
You may be asked to provide us with a credit card number from a card issuer, or other payment information that we accept, in order to activate and/or pay for any fees related to the Service. If we do so, we may seek pre-authorization of Your credit card or other payment information prior to a purchase to verify that the credit card or payment information is valid and/or has the necessary funds or credit available to cover Your purchase, order, fee or subscription. These pre-authorizations would reduce Your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact Your card issuer if You have additional questions regarding when an authorization amount will be removed from Your statement.
True Preferences shall have the right to refuse or cancel any orders placed for products, subscriptions and/or Services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. True Preferences shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, True Preferences agree to promptly issue a credit to Your credit card account in the amount of the charge, or process the refund pursuant to the refund process set forth by the payment method used by the purchaser, whether that is Apple Pay or Google Pay.
OUR REFUND POLICY
Unless prohibited by law, in the event that True Preferences is found responsible for any error in Your order or the amount You were charged, You are entitled to a credit, provided it is brought to our attention within 30 days of Your order date. If You do not raise the issue within 30 days of Your order date or the date on which You were billed for a subscription, You waive the ability to receive a credit for any error.
OUR MATERIALS AND LICENSE TO YOU
Content and information on the True Preferences website and any True Preferences app, as well as on the third-party sites used by True Preferences to provide You with information, special deals and news, is owned by a wide range of parties, including True Preferences, users who submit content like photos, and third parties who may promote goods or services on or through the site (the “Provided Content”). The Provided Content is protected by copyright, trademark, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. True Preferences grants You a limited, non-exclusive, non-transferable and revocable license to access and use the Sites and/or the Materials including Provided Content, for personal reasons solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement including sharing such Content with any health care provider or intaker, or any related service provider. Any other use of the Provided Content is prohibited. With regard to Provided Content that is either (a) owned by True Preferences or (b) hosted by True Preferences, True Preferences grants its users a license to use such Provided Content for personal and/or non-commercial purposes or pursuant to Fair Use on social media, in texts, on blog posts and on third party networks, sites, systems and social media.
Nothing contained on the Sites should be interpreted as granting to You any broader commercial license to use any of the Provided Content and/or third-party proprietary content on the Sites without the express written permission of True Preferences or the appropriate third-party owner, as applicable.
If You download any software or machine-readable Provided Content from True Preferences, You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. True Preferences reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or Services offered on or through the Sites (or any part thereof), including but not limited to the Sites' features, look and feel, and functional elements and related services.
The Provided Content provided by You to True Preferences, as well as any analysis undertaken by True Preferences or content provided by True Preferences is for research, informational, and educational use only. You acknowledge that You acquire no rights in any research or commercial products that may be developed by True Preferences or its partners, and that You will not receive compensation for any research or commercial products that include or result from Your Provided Content. While certain of our analysis processes have not been clinically validated, and the technology we use, which is the same technology used by the research community, has not been widely used for clinical testing, and to promote and support research projects, we ask all True Preferences users to participate in research projects and processes with and through True Preferences. Participation in such research is limited to data submitted in connection with use of this website and True Preferences ™ App, including, but not limited to, data generated by Your testing results, general operation of the Application, data relevant to “mask” development and face recognition analysis. True Preferences Services are only for informational and educational purposes such as research, as well as entertainment purposes. The Services are not intended to be used by You for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of Your physician or other health care provider with any questions You may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical issue, condition, impairment, change or development, or the status of Your health.
True Preferences does not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. Any analysis or information that is provided to You is strictly and solely for informational, research and/or entertainment purposes, and for You to discuss with Your healthcare providers. We strongly recommend discussing any questions that You have with Your trained physician or other health care provider, as they have access to many factors, including the data collected by True Preferences if You provide it to them, as well as Your current symptoms, if any, and historical personal data about Your health and family history. True Preferences accepts no responsibility for any actions You take or decisions You make because of any reliance by You on any information provided by True Preferences, True Preferences employees or contractors, or other visitors to or users of the True Preferences Services, and such actions and/or decisions are solely at Your own risk.
True Preferences is not licensed by state, federal, or international authorities for testing conducted for health and disease-related purposes. We may opt not to offer certain Services in Your jurisdiction where we do not have required licenses.
When You accept our TOS, download our application and complete our sign-up process, You become a True Preferences account holder and we will create an Account Number, so we can organize the data that we collect about Your Member Account to provide You with requested analysis and other Services. In order to create Your Member Account, You will be required to select a password. Please choose a strong password and do not reveal Your password to others. You agree that You are responsible for keeping Your password confidential and secure, and further understand that You are solely responsible and liable for any activities that occur under
Your Member Account. If You suspect or become aware of any unauthorized use of Your Member Account, please contact us. You should not share Your Member Account and/or password details with another person.
ACCEPTABLE USE POLICY
By accessing the Sites, You agree:
- not to share your account with anyone. By allowing someone else to use Your App Account, You will alter stats results of your entire usage that leads to improper calculation of Your Grand Stats and other incorrect interpretations of your data.
- not to use the Sites or the Services or submit content to the Sites if You are an Age-Barred Individual as defined herein.
- not to use the site to cause nuisance, annoyance or inconvenience.
- not to attempt to impersonate another user or person, a True Preferences Partner or member of the True Preferences team, including for purposes of placing false or fake analysis requests or queries
- not to advertise, or solicit, any user to buy or sell any products or services, unless authorized by True Preferences.
- not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Site content including but not limited to the Provided Content.
- not to attempt, through any means, to gain unauthorized access to any part of the Sites and/or any service, other account, computer system and/or network connected to any True Preferences server.
- not to use the Sites in any manner that could damage, disable, overburden and/or impair any True Preferences server, or the network(s) connected to any True Preferences server, and/or interfere with any other party’s use and enjoyment of the Sites.
- not to use any information obtained from the Sites or the True Preferences Services in order to contact, advertise to, solicit, or sell to any True Preferences service provider or other user
- not to use the Sites or any Provided Content as part of an effort to compete with or negatively impact the business of True Preferences.
- not to use the Software or Services or Provided Content for any commercial purposes, including but not limited to, contacting or advertising to, soliciting or selling to, any service provider unless True Preferences has given You permission in writing to do so.
- not to delete the copyright or other proprietary rights notice from any Provided Content or any portion of the Sites or analysis or other True Preferences Services.
- to report any errors, bugs, glitches, unauthorized access methodologies or any breach of IP rights that You uncover in Your use of Software or the Services.
- not to use the Sites for any illegal purposes including but not limited identity fraud, credit card fraud.
- not to sell or transfer Your User Profile.
- to keep secure and confidential Your account password or any identification that We provide You.
- not to upload or transmit viruses or other harmful, disruptive or destructive files; and
- that you are not based in Cuba, Iran, North Korea, Syria, or any other country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country.
LICENSES AND INDEMNIFICATION
You shall not upload to, email to, distribute or otherwise publish through, or share with or through the Service any Content which is deemed by True Preferences, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party copyrights, trademarks or other intellectual property rights, or which otherwise violates any law, or which is deemed by True Preferences in its sole discretion to be advertising or "spam".
No User Submission shall include any material which is deemed by True Preferences, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party copyrights, trademarks or other intellectual property rights, or which otherwise violates any law, or which is deemed by True Preferences in its sole discretion to be “spam” or unauthorized advertising. You acknowledge that by using the Service, You may be exposed to material that is offensive, indecent or objectionable, and You affirm that True Preferences has no responsibility therefor.
You recognize that some content on this site, including all User Submissions and Provided Content, represents the viewpoints and/or opinions of the individual who has created such content, and is not endorsed by this site in any way. True Preferences do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any third party including any user, information provider or any other person or entity. You acknowledge that any except as otherwise provided herein regarding pricing, any material You download, view, or otherwise access through the Service is at Your own risk, and You will be solely responsible for any damage or loss of data that results from the download of any such material.
You understand that the technical processing and transmission of the Site, including Your Content contained therein, may involve transmissions over various networks, and may require changes to Your Content in order to conform and adapt to the technical requirements of connecting networks or devices. You understand and acknowledge that such transmission will involve servers in the United States and you assent to such transmission of Content outside your country of residence and/or citizenship.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers You may make with respect to Submissions, and to the extent allowed by applicable law, You hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by You with respect to Submissions submitted by You to us.
You agree to indemnify and hold harmless True Preferences and its officers, directors, employees, agents and affiliates, from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) Your User Submission; (b) Your misuse of the Website, Software or Services; (c) Your violation of this Agreement; (d) a claim, which if true, would constitute a violation by You of Your representations and warranties; (e) a claim alleging Your negligence or willful misconduct related to the Site or Your User Submission; (e) Your violation of any applicable laws, rules or regulations through or related to the use of the Website, Software or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, You agree to pay for the defense of the Indemnified Party, including reasonable costs and attorney’s fees incurred by the Indemnified Party. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with the Company in asserting any available defenses, and You may not settle any claim without the prior written consent of True Preferences, which shall not be unreasonably withheld. This provision does not require You to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website, Software or Services. You agree that the provisions in this section will survive any termination of Your account, this Agreement, or Your access to the Website, Software and/or Services. You agree that True Preferences shall not be liable to You or any third-party for any termination of or limitation on Your access to the Services.
Customers placing orders will receive email, pop-up or textual (including SMS) alerts about True
Preferences news, reminders to complete a test, Services and/or processes if You have the True Preferences App installed on Your mobile device or computer. Additionally, You may receive additional emails following receipt of an analysis soliciting feedback relating to that order or service, or providing recommendations and news to You based on prior orders and other interactions with True Preferences and with our partners and service providers.
THIRD PARTY INTERACTIONS
Third-Party Websites, Applications and Advertisements. The Website and the Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for our other partners (“Third-Party Advertisements”) for third parties (collectively and individually, “Third-Party Content”). When You click on a link to Third Party Content, the Company will not warn You that You have left the Company’s Website or Services and will not warn You that You are subject to the terms and conditions (including privacy policies) of another entity. Such Third-Party Content is not under the control of the Company. The Company is not responsible for any Third-Party Content.
App Stores. You acknowledge and agree that the availability of the Application is dependent on the third party from which You received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that this Agreement is between You and True Preferences and not with the App Store. True Preferences, not the App Store, is solely responsible for the Software and the Services, including the Application and the Services, the Provided Content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, You must have access to a wireless network, and You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or the Services and any refund requested shall be granted at True Preferences’ sole discretion. You agree to comply with, and Your license to use the Application is conditioned upon Your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You acknowledge that the App Store (and its subsidiaries) are intended third-party beneficiaries of the Agreement and have the right to enforce them. Ad Servers and Third-Party Hosted Content: True Preferences may include advertisements and content served and/or hosted by third-party providers, and reserves the right to share personally identifying information with True Preferences’ ad partners and business partners, as well as designees, advertisers, marketing firms and related third parties, for purposes of site/Service integrity and so we can provide You with information, data and/or Content that we believe You will be interested in.
True Preferences may, at a future time, use customer information for new, unanticipated uses not previously disclosed in our privacy notice. True Preferences reserve the right to communicate with its users via communications methods provided by each or any user.
If You request that True Preferences send information to a third party, such as a friend, True Preferences may utilize the contact data provided by You to forward information to said third party, and may retain said contact data as long as we feel appropriate.
THE RISK OF ERRORS, ISSUES AND OMISSIONS
In addition, You must provide and are responsible for all equipment necessary to access True Preferences in any medium or via any service.
True Preferences respects the intellectual property of others, and We ask all of our users to do the same. If You believe that Your copyrighted work has been copied and is accessible on the Sites or a website through which our Services may be accessed in a way that constitutes copyright infringement, please provide our Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;
- Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites;
- Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
- A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.
Please send this notification to our copyright agent at:True Preferences, Inc.
ATTN: Legal Dept.
Heidi Tandi, ESQ777 Brickell Ave., Suite 500,
Miami, FL 33131+1(866) 508-9367
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL TRUE PREFERENCES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF TRUE PREFERENCES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. TRUE PREFERENCES ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES OR APP. TRUE PREFERENCES ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. IN NO EVENT SHALL TRUE PREFERENCES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED THE AMOUNT PAID BY YOU TO TRUE PREFERENCES OR A MERCHANT, IF ANY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You acknowledge and agree that Your access to and/or use of the Sites, the Materials, Provided Content and other content on the Sites is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. User agrees to jurisdiction any court of competent jurisdiction in Miami-Dade County.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of You and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The Arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on You and the Company.
At its sole discretion, True Preferences may modify or discontinue the Services, or may modify, suspend or terminate Your access to the Software or the Services, for any reason, with or without notice to You and without liability to You or any third party. In addition to suspending or terminating Your access to the Software or the Service, The Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after Your right to use the Software is terminated, this Agreement will remain enforceable against You. You may terminate this Agreement at any time by ceasing all use of the Software and Services. The terms and conditions contained in this Agreement that by their sense and context are intended to survive the performance hereof by the Parties hereunder, including but not limited to the provisions relating to Licenses, Indemnity, Disclaimer of Warranties and Limitation of Liability, shall so survive the completion of the performance, cancellation or termination of this Agreement.
To use and/or register for our Services You must be: (a) of legal age to form a binding contract with us, (b) not an Age-Barred Individual; and (c) not barred from receiving our Services under the laws of the United States or other applicable jurisdictions. True Preferences reserves the right to refuse service and refund any monies paid in such circumstances at their sole discretion.
True Preferences welcomes Your questions or comments regarding the Terms:
Email Address: [email protected]truepreferences.me