Privacy Policy & Terms and Conditions

Privacy Policy

PRIVACY POLICY

Effective as of January 28, 2025

Alma Nutrition Inc.. (“Alma”,  "Us", "We" or "Our") are committed to transparency in the collection, use and disclosure of information that directly or indirectly identifies you (“Personal Information”). This Privacy Policy explains how and why we collect, use and disclose your Personal Information on our services (“Services”). As part of our Services, we provide a Privacy setting where you can manage your privacy settings. NOTE that all settings such as notifications and personalization require you to opt-out. If you do not wish to receive notifications or personalize your profile, for example, please adjust your Privacy settings accordingly. You must read this Privacy Policy before using our Services. If you have any questions about our privacy practices, please contact us using the contact details set out below. 


TYPES OF PERSONAL INFORMATION THAT WE COLLECT

The following is a list of the types of information that we may collect through its Services. Please note that the types of Personal Information collected about you will depend on the activities in which you participate:

  • Identity Data includes your first name, last name, department or group, unique ID such as your employee ID, or other similar identifiers. 

  • Contact Data includes mailing address, email address and telephone number(s).

  • Profile Data includes profile photo, groups you belong to, events you are attending, challenges you are participating in, badges you have received, rewards you have redeemed.

  • Activity Data includes information collected through devices such as smartwatches that you have chosen to sync with your account and other data about your activities that you may enter manually through the Service.

  • Health and Wellness Data includes calorie intake, height, weight, waist circumference, heart rate, blood pressure, medical history, and family health history. You may also choose to contribute your personal wellness goals. 

  • Opinion Data includes any communications with other users through our Services, including our participation forums, message board, streams and/or on leaderboards. 

  • Technical Data includes internet protocol (IP) address, your mobile device’s unique ID number, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Services.

  • Usage Data includes information about how you use the Services, such as the buttons, controls, products and ads you click on, pages of our Services that you visit, the time spent on those pages, your search queries, the dates and times of your visits, but also about the webpage you were visiting before you came to our Services and the webpage, app(s) you go to next.

By using the Services, you authorize Alma to collect, store, and use your Personal Information in accordance with this Privacy Policy. 


PURPOSE AND LEGAL BASIS FOR YOUR PERSONAL INFORMATION

We collect your Personal Information for the following purposes, and we rely on the legal basis for processing identified below:

  • Identity Data: We collect and process your Identity Data for the purpose of registering and maintaining your account with our Services. We also collect and process this data to prevent, detect, and investigate fraud or security incidents. The legal basis for processing your Identity Data is to perform a contract with you.

  • Contact Data: We collect and process your Contact Data for the purpose of verifying your account details, contacting you with account information, and sending you relevant materials about our Services according to your preferences. We may also use the region that you have identified in our aggregated research and analytics and for quality improvement purposes. The legal basis for processing your Contact Data is to perform our contract with you. We also rely on our legitimate interest to use anonymized and aggregated data for the purpose of quality improvement and product development for our Services. 

  • Profile Data: We collect and process your Profile Data for the purpose of allowing you to personalize your profile, he, help us verify your account, and to resolve any inquiries or complaints. The legal basis for processing your Profile Data is to perform a contract with you.

  • Health and Wellness Data: We collect and process your Health and Wellness Data, to offer you personalized recommendations. We also use anonymized information to train our machine learning algorithms and processes. We use any Health and Wellness Data that you contribute to our Wellness Survey for the purpose of determining and sharing a Wellbeing Score. The purpose of this data processing is to provide you with more personalized and relevant services, and to help you assess and track your wellbeing metrics. The legal basis for processing your Health and Wellness Data is consent.

  • Activity Data: We collect and process your Activity Data for the purpose of helping you organize and store your activity achievements, tracking your achievements on the Leaderboard for your organization (if applicable), and to provide rewards and activity incentives. The legal basis for processing your Activity Data is performance of a contract with you. We also rely on our legitimate interest to process this data for internal quality improvement purposes including training our algorithms to better calibrate incentives to activities. 

  • Opinion Data: We collect and process Opinion Data for the purpose of enabling community-building through our Services and to stimulate positive incentives for health and wellness. Where we enable the sharing of Opinion Data, you may control the extent of your engagement and opt-in or opt-out of certain forms of engagement through our Services, either through your “Privacy Settings” in your account or through some similar mechanism. We may record and store archives of these communications on Alma controlled servers to protect the safety and wellbeing of our users. The legal basis for processing your Opinion Data is your consent and our legitimate interest is protecting safe and respectful communications in our Services. 

  • Technical Data: We collect and process your Technical Data for the purpose of understanding your use of the Services and to troubleshoot technical issues when using the Services. We also process this data for quality improvement purposes to create a better user experience with Alma. The legal basis for processing your Technical Data is our legitimate interest to administer a high quality, easy to navigate, engaging and well-functioning wellness platform, and to provide timely and appropriate technical support to our users as needed.   

  • Usage Data: We collect and process your Usage Data for training and quality assurance purposes, to understand how you use our Service, to identify and resolve technical issues with our Service and to improve user experience on our platform. The legal basis for processing your Usage Data is our legitimate interest in quality improvement of our Services and technical assistance. 


HOW WE COLLECT YOUR PERSONAL INFORMATION 

Directly from You: You may provide Personal Information directly to Alma. You may do so by entering information directly into the Service, engaging with the Service, responding to questionnaires or surveys, or similar.

Through automated technologies or interactions with devices you choose to synch with the Service: You can choose to allow certain wearable devices and mobile applications to sync data to the Service. You can modify these permissions at any time through the connected devices setting of the Services. Further, when you access our website or otherwise use the Service, we may automatically collect your Technical Data and User Data. The data are typically collected through the use of server log files or web log files, mobile device software development kits and tracking technologies like browser cookies.  


WITH WHOM WE SHARE YOUR PERSONAL INFORMATION 

We may share your Personal Information as follows:

Third-Party Service Providers (or, Processors): Your information may be disclosed, stored and/or transferred (or otherwise made available) to our affiliates and other third parties who provide services on our behalf such as email services. Our service providers are given the information they need to perform their designated functions and are not authorized to use or disclose personal information for their own marketing or other purposes. Our service providers are contractually bound to use Your Personal Information as instructed by us only and they are required to have as stringent data security mechanisms as we have. 

Legal and Compliance.  We and our service providers may provide your Personal Information in response to a search warrant or other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise required or permitted by applicable Canadian, US or other law or legal process. Your Personal Information may also be disclosed where necessary for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.

Sale or Merger. Personal Information may be provided to third parties in connection with a business transaction, including a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Alma or as part of a corporate reorganization, or stock or asset sale, or other change in corporate control, including for the purpose of determining whether to proceed or continue with such transaction or business relationship.

Aggregated Data. We may create and share aggregated data that does not identify you with third parties and the public in a variety of ways. When we provide this information, we take technical measures to ensure that the data does not identify you and cannot be associated back to you.


PERSONAL INFORMATION OF MINORS

Our Services are not intended for children under the age of 16 and We do not knowingly collect any personal information from such children. Children under the age of 16 should not use our Services at any time. In the event that We learn that We have inadvertently gathered personal information from children under the age of 16, We will take reasonable measures to promptly erase such information from our records.


YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal information. You may have the right to:

  • Request access to your Personal Information. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it.

  • Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.

  • Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no legitimate basis for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

  • Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

  • Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (a) if you want us to establish the information's accuracy; (b) where our use of the information is unlawful but you do not want us to erase it; (c) where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your information but we need to verify whether we have overriding legitimate grounds to use it.

  • Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

  • Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us using the details set out below.

You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated. We do not sell your Personal Information to any other party.


HOW WE PROTECT YOUR PERSONAL INFORMATION

We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the Personal Information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. We restrict access to your personal information on a need-to-know basis to employees and authorized service providers who require access to fulfill their job requirements.

For user accounts registered directly with Alma profile information is protected by the password each member uses to access their online account. It is important that you protect and maintain the security of your account and that you immediately notify Us of any unauthorized use of your account. If you forget the password to your account, the website allows you to request that instructions be sent to you that explain how to reset your password. When you sign into your account, we encrypt the transmission of that information using secure socket layer technology (“SSL”).

While We take reasonable precautions against possible security breaches of our websites and our customer databases and records, no website or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information safe (including your account password), and to log out of your account after use. If your third-party site account is hacked, this may lead to the unauthorized use of Alma service you have registered to use, so be careful to keep your account information secure. If you have questions about the security of our websites, please contact Us using the contact details set out below.


OUR RETENTION OF YOUR INFORMATION 

We have Personal Information retention processes designed to retain Personal Information for no longer than necessary for the purposes stated above or to otherwise meet legal requirements. For more information about our retention processes, please contact Us using the contact details set out below.


INTERNATIONAL TRANSFERS 

Your Personal Information may be transferred outside the jurisdiction in which you are situated and may become subject to the laws of the receiving jurisdiction, which may differ from the laws of your jurisdiction. For any Personal Information of European Data Subjects that we collect and process outside the European Economic Area, we rely on robust data processing agreements containing Standard Contractual Clauses approved by the European Commission or other approved or legal method, and that it is treated securely and in accordance with this Privacy Policy.


THIRD-PARTY LINKS

Our Services may contain links to other websites that are not owned or controlled by us. We do not endorse, review and we are not responsible for the privacy policies of or content displayed on such other websites. When you click on such a link, you will leave our Services and another entity may collect Personal Information from you. You are responsible for reading and agreeing to the Privacy Policy and Terms of Service of any third-party links accessed through our Services. 


GOOGLE FIT API AND APPLE HEALTH TERMS

Alma’s platform use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements. Alma’s platform use and transfer of information received from Apple Health APIs to any other app will adhere to Apple’s requirements.


CHANGES TO OUR PRIVACY POLICY

We may update this Privacy Policy to reflect changes to our privacy practices. We encourage you to periodically review this page for the latest information on our privacy practices. If we decide to make material changes to our Privacy Policy, we will notify you and other users by placing a notice on the Alma website or App or by sending you a notice to the e-mail address we have on file for you. We may supplement this process by placing notices in our Services and on other Alma websites. You should periodically check Alma.food and this privacy page for updates.


CHALLENGING COMPLIANCE AND CONTACTING US

Please contact our Privacy Officer at support@alma.food if:

  • you have any questions or comments about this Privacy Policy,

  • you wish to access, update, and/or correct inaccuracies in your personal information, or

  • you otherwise have a question or complaint about the manner in which we or our service providers treat your personal information.

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Terms & Conditions

Last Updated: Jan 24, 2025

TERMS OF SERVICE

The following terms of service ("Terms of Service") form an agreement between Alma Nutrition Inc. with an office in Canada, (hereinafter "Alma", "Us", "We" or "Our")   and you. The term "you" or “your” refer to the person or entity using the Platform or receiving any Platform Services. These Terms of Service govern your use (the term ‘use’ will mean access or use, as applicable) of Alma's online platform, including through the mobile and web application (the "App") (collectively the "Platform"). The Platform provides access to wellbeing services (“Wellbeing Services”) and technical and administrative support, if required (“Technical Support Services”), (collectively the “Platform Services”).

NOT MEDICAL, HEALTH OR NUTRITIONAL ADVICE

The Platform and Platform Services do not provide medical, health or nutritional advice. The information provided on the Platform and as part of the Platform Services is for informational and educational purposes only. You should not use the information provided on the Platform and as part of the Platform Services to diagnose, treat, prevent or mitigate any disease, disorder or abnormal physical state or prescribe any medication or treatment for yourself or any other person. . You are solely responsible for ensuring that any recommendations or content provided to you through the Platform or Platform Servies are appropriate for you, including without limitation taking into account any condition, allergies or other factors that are particular to you. IF YOU RELY ON ANY CONTENT, DATA OR INFORMATION OBTAINED THROUGH OUR PLATFORM OR PLATFORM SERVICES, YOU DO SO AT YOUR OWN RISK.  YOU ARE SOLELY RESPONSIBLE FOR ANY INJURY, DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF OR RELIANCE ON SUCH CONTENT, DATA OR INFORMATION.  OUR PLATFORM AND PLATFORM SERVICES ARE PROVIDED WITH THE UNDERSTANDING THAT ALMA AND ITS USERS ARE NOT ENGAGED IN RENDERING MEDICAL, HEALTH, NUTRITIONAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.  OUR PRODUCTS AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.  PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC CONTENT, INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT. For greater certainty, the information provided on the Platform and as part of the Platform Services should not be considered as a substitute for any clinical support system that exists in a healthcare setting. Always consult with your healthcare professional before relying on any information or acting on any recommendations provided as part of the Platform Services or sent to you in any email by Alma. If you have any healthcare-related questions, please call or see your physician or other qualified healthcare Alma without delay.

1.1. Governing Agreement; Term, Termination and Suspension

A copy of these Terms of Service may be downloaded, saved and printed for your reference. As part of the account registration process, you will be required to consent and agree to these Terms of Service. If you do not accept and agree to be bound by these Terms of Service, please do not use the Platform.

These Terms of Service will take effect on the date and at the time you confirm having read, understood and agreed to these Terms of Service, when presented with the opportunity to view and agree to them.

Alma may immediately terminate, or suspend, these Terms of Service, or cease providing the Platform and Platform Services, at any time: (i) if you do not comply with these Terms of Service; (ii) if necessary to prevent threats to the privacy, security and integrity of your data or the data of any other user(s); (iii) upon termination of the agreement between Alma and the third party payor that is paying your subscription fee; and/or (iv) to comply with any applicable law or court order.

Either you or Alma may terminate these Terms of Service as follows: (1) Alma may terminate these Terms of Service upon 30 days’ written notice to you, by email (at your current email address on file with Alma) or through the Platform; (2) you may terminate these Terms of Service at any time upon 30 days’ written notice to Alma, by requesting (by email or through any then-available interfaces on the Platform) that your Account be deleted or deactivated, ceasing use of the Platform and uninstalling and removing all local software components thereof from your systems, including removing the App from your mobile device.

1.2. Privacy Policy

By providing or uploading any of your Personal Information to the Platform, or otherwise permitting the Technical Support Personnel (defined below) to access your Personal Information, you are consenting to the collection, use and disclosure of your Personal Information for the purposes of providing the Platform Services to you and the use, transfer and disclosure set out in Alma’s Privacy Policy. Use of the Platform Services are also governed by Alma's Privacy Policy. 

Please click here to review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing your Personal Information, and which is hereby incorporated into and forms a part of these Terms of Service.. Your privacy is important to Us and Our Privacy Policy explains how we collect, use and disclose your content and information and how you can use the Platform Services to share such information with others.

By creating an account or accessing or using the Platform Services you accept and agree to be bound by these Terms of Service and consent to the collection, use and disclosure of your Personal Information as outlined in these Terms of Service and Our Privacy Policy.

The Platform Services are not intended for children under the age of 16. Alma does not knowingly collect any Personal Information (as defined in Alma Privacy Policy) from such children as part of the Platform Services. Users under the age of 16 should not use the Platform Services at any time. In the event that Alma has inadvertently gathered Personal Information from children under the age of 16, Alma will take reasonable measures to promptly erase such Personal Information from our records.

1.3. Updates to the Terms of Service and Privacy Policy

We reserve the right, at Our discretion, to change, modify, add or remove portions of these Terms of Service at any time. If we decide to make material changes to these Terms of Service, we will notify you. Any notices regarding modifications to these Terms of Service, will be in a written form and provided to you: (i) by Alma via email (in each case to the address that you provide); or (ii) via the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Alma may also revise other policies, codes or rules at any time, and the new versions will be available on Alma's website and/or on the Platform. You should periodically check the Platform and the Terms of Service page for updates.

You are not obliged to continue using the Platform Services after a modification to these Terms of Service is made. If at any point you do not agree to any portion of Our Terms of Service, Our Privacy Policy, or any other policy, rule or code of conduct relating to your use of the Platform Services, your license and right to use the Platform and Platform Services shall immediately terminate, and you must immediately stop using the Platform and Platform Services and provide written notice to Alma that you are terminating these Terms of Service. Your continued use of the Platform Services following any modification shall be deemed to be your acceptance of the modified Terms of Service, and waiver of any additional notice requirements.

Alma reserves the right to change any information, material or content contained on or provided through the Platform (the "Content") at any time, and from time to time, without notice. Content does not include your Personal Information.

To the extent the Terms of Service conflict with any other Alma terms, policy, rules or codes of conduct, the terms contained in these Terms of Service shall govern.

1.4. Grant of a Limited License to Use the Platform

In consideration of payment to Alma by you or a third party on your behalf of the applicable fees for the Platform Services as and when due and subject to your agreement and continuing compliance with these Terms of Service and any other relevant Alma policies, Alma grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license, subject to the limitations, terms and conditions contained in these Terms of Service, to access and use the Platform and Platform Services solely for your own personal and non-commercial purposes. You agree not to use the Service for any other purpose.

As a condition of your use of the Platform, you warrant that: (1) you have reached the age of majority in your jurisdiction of residence; (2) you possess the legal authority to create a binding legal obligation; (3) you will use the Platform in accordance with these Terms of Service; (4) all information supplied by you on the Platform is true, accurate, current and complete; and (5) if you are accessing or using the Platform on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Service.

The Platform is provided solely (the "Permitted Use") to: (1) give you access to any services offered to you through the Platform, including access to the Wellbeing Services and Technical Services; and (2) provide feedback and otherwise communicate with Alma in connection with any of the foregoing.

Alma retains the right to deny access to anyone to the Platform or the Platform Services it offers, at any time and in its sole discretion, if Alma deems that you have used the Platform in any manner contrary to the Permitted Use or if you have violated any of the terms of this Terms of Service.

Alma also reserves the right to cancel or terminate your license, your access to the Platform and Platform Services and your Account (as hereinafter defined) in the event that (a) the agreement between Alma and your employer or other third party pursuant to which Alma agreed to make the Platform Services available to you is terminated or expires; or (b) the applicable fees for your access to and use of the Platform Services are not paid by you, your company or another third party on your behalf when due.

You will defend, indemnify and hold harmless Alma, its affiliates and their respective officers, directors, employees, agents, sponsors, licensors, and suppliers from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of your use of the Platform and Platform Services in violation of these Terms of Service.

1.5. No Unlawful or Prohibited Use

You will not, without Alma’s prior written permission, use the Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the Platform or the Content , or ‘frame’, ‘mirror’ or otherwise incorporate the Platform or the Content or any part thereof on any commercial or non-commercial website; (2) access or monitor any part of the Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform; (4) have more than one Account at any given time, or create an Account using a false identity or information, or on behalf of someone other than yourself; (5) have an Account or use the Platform Services if you have previously been removed by Alma, or have been banned by Alma from participating in the Platform Services or any portion thereof; (6) use your Account and the Platform Service for any commercial purposes, including without limitation, use your Account or the Platform Service to advertise, or solicit, or transmit any commercial advertisements or commercial messages, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone; (7) use your Account or the Platform Services to engage in any illegal conduct including the unauthorized distribution of copyrighted material; (8) rent, lease, sell, assign, trade, gift, bequeath or otherwise transfer your Account to anyone without Alma’s written permission, or access or use an Account which has been rented, leased, sold, assigned, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Alma’s permission; (9) take any action that imposes, or may impose, in Alma’s discretion, an unreasonable or disproportionately large load on the Platform; (10) deep-link to any portion of the Platform for any purpose; (11) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Platform or the Content; (12) use the Platform or the Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by Alma and only in the exact manner specified and enabled by Alma ; (13) attempt to assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform or the Content; (14) create derivative works based on the Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or other exploit any part of the Platform or the Content; (15) use the Platform in a manner that violates the rights (including to intellectual property rights) of any third party, including by providing, uploading or transmitting any User Content or Submissions that violate such third-party rights; or (16) use the Platform in any way that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.

1.6. Accessing the Service

Before accessing or using the Platform, including browsing any Alma website and/or downloading and using any Alma applications, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an "Account"). 

If you use the Service, you represent that you are of the age of majority in the jurisdiction in which you reside or, if you are below the age of majority in the jurisdiction in which you reside, your parent or legal guardian, must expressly consent to your use of the Service in accordance with these Terms of Service and Our Privacy Policy and agree to these Terms of Service and Our Privacy Policy on your behalf. If at any time Alma becomes aware that you are below the age of majority and the consent of your parent or legal guardian has not been obtained, we reserve the right, at our sole discretion, to suspend or terminate your Account. If you are a parent or legal guardian, and you consent to your child/ward to use the Service, you represent and warrant that your child/ward complies with these Terms of Service.

You must provide all equipment and software necessary to connect to the Platform, including, but not limited to, a mobile device that is suitable to connect with and use the Platform, in cases where the Platform offers a mobile component.

In most instances a third party (e.g., such as an employer or supplemental health insurance Alma) has arranged with Alma to pay the subscription fee associated with accessing the Platform (which would result in no charge to you).

If you access the Platform from your employer's account, you shall comply with your employer's terms of service/use as well as these Terms of Service.

You are responsible for any fees, including internet connection or mobile fees, that you incur when accessing or using the Platform.

1.7. Platform Services and Limitations

Calorie Tracking Services

The Calorie Tracking Services enable you to record what you eat and to estimate the number of calories that you are consuming  (the “Calorie Services”). You acknowledge that Calorie Tracking Service uses the information available to it to make the calculations, but that such calculations by their nature require the making of certain assumptions and that they may not be accurate.  The Calorie Tracking Services do not provide you any medical advice..

Nutritional Services. 

The Nutritional Services may contain recommendations for meals, snacks and other content that you may consume. You acknowledge that the Nutritional Services are only suggestions and that the appropriateness of any suggestions is highly dependent on the type, quantity and quality of ingredients that you may use when following any such suggestions and the methods and means of preparation that you may use. You are solely responsible for determining the appropriateness of any suggestions that Alma may make, taking into without limitation your activities, medical condition, any allergies that you may have, or any other circumstances that are particular to you. The Nutritional Services do not provide you with any nutritional, health or medical advices and are only suggestions.

Limitations

The Platform Services and Content provided through the Platform should not be used or relied on for medical advice or opinions, nor does it contain or constitute medical advice or opinions. Always consult with a doctor, nutritionist or other recognized medical professional before starting a diet or fitness program or if any training or dieting is causing pain or serious discomfort. We cannot and do not guarantee any health, weight and/or fitness results or improvements as a result of using the Platform Services.

If you have a condition that requires medical treatment, or are pregnant and/or breastfeeding/lactating, have an eating disorder, you may not use the Platform Services without an approval from your physician or other licensed health adviser.

You must immediately stop using the Service if you are not able to comply with the foregoing restrictions.

Technology Risks

You understand, acknowledge and agree that Alma does not control, and accepts no responsibility for, any content passing through the Internet, the availability of the Internet generally, or for Internet connectivity. You understand, acknowledge and agree that the Internet is inherently risky even if reasonable security measures are taken.  You understand, acknowledge and agree that Alma cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platform but have implemented security controls, as well as, reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, loss, modification and disclosure, of Personal Information in Alma’s control and adhere to generally accepted industry practices with respect to securing the transmission of data to, from and through the Platform.

Although reasonable encryption technology and other reasonable security protocols will be implemented to protect your Personal Information, you acknowledge by using the Platform that there are inherent risks to any technology that could cause security protocols to fail or be breached, which could result in the unauthorized collection, use or disclosure of your Personal Information. Alma will notify you to the extent required by law of any breach that has resulted in the unauthorized collection, use or disclosure of your Personal Information or User Content.

1.8. Account Information

When creating or updating an Account on the Service, you are required to provide Us with the personal information described below and this information will be collected, held, used and disclosed in accordance with Our Privacy Policy. You agree that you will supply accurate and complete information to establish your Account and that you will update that information promptly after it changes.

1.9. Username and Password

When you create an Account you will be required to provide: i) your legal full name; ii) a valid email address; iii) a password created by you; and iv) any other mandatory information requested in order to create your Account (collectively, "Login Information"). The following rules govern the security of your Login Information:

  1. You shall not share the Account or the Login Information, let anyone else access your Account or Login Information, nor collect or harvest any Personal Information of any other user of the Platform (including account names or Login information), or do anything else that might jeopardize the security of your Account;

  2. In the event you become aware of or reasonably suspect any breach of security, including without limitation, any loss, theft, or unauthorized use or disclosure of the Login Information, you must immediately notify Us and, at the same time, modify your Login Information;

  3. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you;

  4. If your Account has been terminated for any reason, you may not re-register as a user without prior written consent of your company and Alma, which consent in the case of Alma may or may not be granted, at the sole discretion of Alma;

  5. You are responsible for all User Content (as hereinafter defined) and activity that occurs through your Account including your interactions with other users of the Service and any damage or other harm resulting therefrom.

Alma reserves the right to disable any Account issued to you at any time in the event of a breach of any of your warranties, representations or obligations under these Terms of Service. If Alma disables access to an Account issued to you, you may be prevented from accessing the Platform, the Content, your account details, or any User Content.

We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights or where Alma, in its sole discretion, deems a username to be offensive or inappropriate.

  1. OWNERSHIP

2.1. Platform and Content

As between you and Alma, all Content, including without limitation any designs, infrastructure, texts, pictures, video, graphics, illustrations, titles, applications, software, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, logos, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, transcripts, character profile information, recordings and other materials, and the selection and arrangement thereof, as displayed or made available on or through the Platform, including the App, are copyrighted works owned by Alma or licensed to Alma, and are protected by copyright, trademark and other intellectual property laws. 

Alma and its licensors expressly reserve all rights in the Platform, including the App, and all materials provided by Alma in connection with these Terms of Service that are not specifically granted to you. You acknowledge that all right, title and interest in the Platform, all materials provided by Alma in connection with these Terms of Service (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Alma (or third party suppliers, if applicable), and that the Platform, including the App, and all materials provided by Alma hereunder are licensed and not ‘sold’ to you.

2.2. Accounts

ALMA RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT.

  1. UPDATES TO THE PLATFORM SERVICES

You understand that the Platform Services may evolve over time. Alma may require that you accept updates to the Platform Services. You acknowledge and agree that Alma may update the Platform Services with or without notifying you. You may need to update third party software from time to time in order to continue receiving the Platform Services.

  1. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION

4.1. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM, PLATFORM SERVICES AND CONTENT ARE AT YOUR SOLE RISK AND ARE PROVIDED ON AN "AS IS" “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALMA DOES NOT MAKE AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, PLATFORM SERVICES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NEITHER ALMA NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT ALMAS, DISTRIBUTORS, SUPPLIERS OR LICENSORS (COLLECTIVELY, “ALMA PARTIES”) WARRANT THAT THE PLATFORM, PLATFORM SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR WILL ALWAYS BE SECURE, FREE OF OMISSIONS OR INACCURACIES; NOR DO ALMA PARTIES MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE PLATFORM, PLATFORM SERVICES OR THE CONTENT, OR AS TO THE ACCURACY, RELIABILITY, CURRENCY OR COMPLETENESS OF ANY CONTENT, PRODUCTS OR SERVICES PROVIDED OR MADE AVAILABLE THROUGH THE PLATFORM OR THE PLATFORM SERVICES. ALMA PARTIES DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF THE PLATFORM OR PLATFORM SERVICES.

4.2. Limitations; Waivers of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE PLATFORM, PLATFORM SERVICES OR THE CONTENT UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS OF BREACH OF WARRANTY, BREACH OF CONTRACT ,TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, AND THAT ALMA PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, WHETHER OR NOT ALMA PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN ANY WAY WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THE PLATFORM, PLATFORM SERVICES OR THE CONTENT.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT ALMA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ALMA PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE PLATFORM, PLATFORM SERVICES OR THE CONTENT, AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE PLATFORM, PLATFORM SERVICES AND CONTENT, AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

WITH RESPECT TO ANY DIRECT DAMAGES, YOU AGREE THAT THE TOTAL AGGREGATE LIABILITY OF ALMA PARTIES IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM, PLATFORM SERVICES OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM, PLATFORM SERVICES OR THE CONTENT IS LIMITED TO $20.00 OR THE AGGREGATE AMOUNT OF THE FEES PAID BY YOU, OR ON YOUR BEHALF, FOR A THREE MONTH SUBSCRIPTION, WHICHEVER IS GREATER. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU, OR A THIRD PARTY ON YOUR BEHALF, HAVE NOT PAID ALMA ANY AMOUNTS IN THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ALMA IS TO STOP USING THE PLATFORM, PLATFORM SERVICES AND CONTENT, AND TO CANCEL YOUR ACCOUNT.

THE LIMITATION ABOVE REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND ALMA. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS IN SECTIONS 4.1 AND 4.2 MAY NOT APPLY TO YOU.

  1. GENERAL PROVISIONS

5.1. Severability

You and Alma agree that if any portion of these Terms of Service is found illegal or unenforceable in any jurisdiction, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms of Service, which shall continue to be in full force and effect.

5.2. Law and Forum for Legal Disputes

Any dispute arising out of or related to these Terms of Service or the Platform or the Platform Services shall be governed in all respects by the laws of the Province of Ontario, Canada, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Alma must be resolved exclusively by a court located in the City of Toronto, Ontario, Canada, except as otherwise agreed by the parties. You agree to submit to the jurisdiction of the courts located in the City of Toronto, Ontario, Canada for the purpose of litigating all such claims or disputes.

5.3. Assignment

Alma may assign these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You may not assign any rights or obligations under these Terms of Service without Alma’s prior written consent, and any unauthorized assignment by you is ineffective. Subject to the foregoing, these Terms of Service will inure to the benefit of the parties, their successors and permitted assigns.

5.4. Supplemental Policies

Alma may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

5.5. Entire Agreement

These Terms of Service, any other applicable Alma policies and any documents expressly incorporated by reference herein (including Alma Privacy Policy), contain the entire understanding of you and Alma with respect to the Platform and Platform Services, and supersede all prior understandings of the parties hereto relating to this subject matter, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us with respect to the Platform and Platform Services. Any headings or titles herein are for convenience only.

5.6. No Waiver

The failure of Alma to require or enforce strict performance by you of any provision of these Terms of Service or Alma Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Alma's right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Alma of any provision, condition, or requirement of these Terms of Service or Alma Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Alma shall be deemed a modification of these Terms of Service nor legally binding, unless documented in writing and signed by You and a duly appointed officer of Alma.

5.7. Notices

We may provide notices to You with respect to the Platform and Platform Services and these Terms of Service via postings on the Alma website), and via e-mail or any other communications means sent to the contact information you provide to us. You acknowledge and agree that copies of such notices may also be given to your company or third party paying for the Platform and Platform Services on your behalf in accordance with the notice provisions of the agreement between Alma and such party. 

5.8. Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to Alma are of a unique and irreplaceable nature, the loss of which may irreparably harm Alma and which cannot be replaced by monetary damages alone so that Alma shall be entitled to seek injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

5.9. Force Majeure

Alma shall not be liable for any delay or failure to perform resulting from causes or circumstances outside the reasonable control of Alma, including without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, denial of service attacks, power failures, Internet service Alma failure or delay, or shortages or unavailability of transportation facilities, fuel, energy, telecommunications, labor or materials.

5.10. Distribution of Third Party Content

Alma is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information Almas and users, are those of the respective author(s) or distributor(s) and not of Alma. Alma does not guarantee the accuracy, reliability, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

5.11 Links to Third-Party Websites; Viruses

The Platform may provide links to third-party websites. These links are provided for your convenience only and Alma does not control or endorse the information contained on such websites and is not responsible or otherwise guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. Please read the terms and conditions of use and privacy policies of any third-party website you may link to from the Service. If you decide to access any third-party site linked to the Platform Services, you do so at your own risk. Alma reserves the right to terminate any such link at any time. Alma disclaims all warranties, express and implied, including as to the accuracy, reliability, validity and legality of any materials or information contained on such third-party websites.

The downloading and viewing of Content is done at your own risk. Alma cannot and does not guarantee or warrant that the Platform or the Content are compatible with your computer system or that the Platform or the Content, or any links from the Platform or the Content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platform.