OPTIMABILITY PRIVACY POLICY AND TERMS - Last Updated: January 8, 2024
Optimability ("we," "us," or "our") offers a range of health optimization services, including Elite Hybrid Fitness, Precision Optimal Nutrition, Recovery Protocols, and Lifestyle Automation. Our services are available through our website, mobile application, and other platforms (collectively referred to as "Services").
CONTACT INFORMATION For any queries regarding data protection or your rights, please contact us at: Optimability Performance Solutions Inc. 415 Columbia St E info@optimability.com 778-859-7074
LEGAL BASIS FOR PROCESSING DATA We process personal data based on: Provision of contracted services obtained consent, legal compliance, and legitimate interests in operating our business.
PURPOSE OF DATA COLLECTION AND PROCESSING Our data collection enables us to: Provide personalized services Improve and develop new features Communicate effectively with clients Comply with legal requirements.
GENERAL PRIVACY PROTECTIONS We use industry-standard measures to protect your data. Access to personal data is limited to employees who require it for their work. We do not guarantee absolute data security.
COMMITMENT TO CHILDRENS PRIVACY We do not knowingly collect data from children under 18 without parental consent. If we become aware of such collection, we will take steps to delete the information.
INFORMATION WE COLLECT We collect data you provide, through cookies, from your devices. This may include contact details, fitness and health data, and interaction with our services.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
RESPONSE TO DO NOT TRACK SIGNALS Our system does not currently respond to "Do Not Track" signals due to the lack of a uniform standard.
DISCLOSURE OF INFORMATION TO THIRD PARTIES We may share information with service providers and partners as needed for business operations and legal compliance.
ACCESS AND CONTROL OF PERSONAL DATA You have the right to access, correct, or delete your personal data. Instructions for these processes can be found on our website.
DATA SECURITY Your data security is important to us. We take measures to protect your data, but please note that no internet-based service can guarantee absolute security. You are responsible for keeping your account password confidential.
LINK TO OTHER WEBSITES Our services may contain links to third-party websites. We are not responsible for the privacy practices of these external sites.
DATA RETENTION POLICIES We retain your personal data as long as necessary to provide our services and comply with legal obligations. You may request deletion of your data, subject to certain conditions.
ACCESSIBILITY STATEMENT We strive to make our services accessible to all, including individuals with disabilities. For accessibility support or to request information in alternative formats, please contact us.
NOTICE TO SPECIFIC STATE AND REGIONAL RESIDENTS Residents of certain states or regions, such as California or the European Economic Area, may have additional privacy rights. Please refer to our website for detailed information tailored to your locality.
ADDITIONAL LEGAL NOTICES This privacy policy may be updated periodically. We recommend reviewing it regularly for the latest information on our privacy practices.
OPTIMABILITY PERFORMANCE SOLUTIONS INC TERMS OF SERVICE
Effective Date: October 13, 2023
Introduction
Optimability Performance Solutions is a high-performance health optimization company that leverages cutting-edge data-driven insights to deliver precision health solutions. Our turnkey platform integrates expert-led diagnostics and services to decode human biology, aiming to prevent chronic conditions, enhance longevity, and elevate personal and professional performance. We specialize in translating advanced analysis into actionable insights by examining biological functions through the lens of blood, gut, DNA, and DEXA test results.
Our suite of services includes:
Precision Nutrition & Supplement Protocols: Personalized supplement programs based on comprehensive assessments.
Gut & Blood Health Optimization: Analysis and recommendations derived from gut microbiome, genetic expression, and biomarkers.
Training & Recovery Support: In-house trainers and mobility experts delivering tailored programs for sustained performance.
Health Automation with Specialist Teams: Deployment of chefs, masseuses, trainers, and mobility experts to seamlessly integrate health practices into clients' lifestyles.
Progressive Lifestyle Recommendations: Continuous data monitoring for proactive adjustments to diet, training, and recovery protocols.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SERVICE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS, CONDITIONS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, DO NOT USE THE SERVICE.
1. This campaign sends SMS Notifications, Alerts & Occasional Marketing Communication to customers who have opted in to receive SMS notifications.
2. You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
3. If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to {support email address or toll-free number}.
4. Carriers are not liable for delayed or undelivered messages.
5. As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
1. Acceptance of Terms of Service
These Terms do not alter in any way the terms or conditions of any prior written agreements you may have with Optimability separately, if any, on other matters.
By subscribing to or using the Service, accessing any content made available through our websites and the Service, or clicking to accept or agree to these Terms, where this option is made available to you for any Services, you agree to be bound by these Terms.
If you do not agree to these Terms, please immediately discontinue use of the Service. Your access to and use of the Service, and any Accounts you establish in connection with the Service, are conditioned on your compliance with these Terms. If Optimability, in its sole discretion, determines that you have failed to comply with any of these Terms, it shall have the right to terminate your access to and use of the Service or any component of it and any associated Account(s) therewith immediately and without further notice. TERMS OF AGREEMENT 3. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated by either party as provided in this Agreement. 4. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 10 days' written notice to the other Party. 5. In the event that either Party breaches a material provision under this Agreement, the non defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages. 6. This Agreement may be terminated at any time by mutual agreement of the Parties. 7. Except as otherwise provided in this Agreement between the Contractor and Client will transition into a month to month unless this Agreement has been specifically terminated.
PERFORMANCE 8. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect. The Client agrees to diligently follow all instructions, recommendations, and protocols provided by Optimability as part of the “Services Provided”. If the Client fails to follow the agreed-upon instructions and recommendations without a valid and documented reason, the Client will not be entitled to a refund for services rendered. Optimability reserves the right to collect payment for the upcoming month's service as a cancellation fee. In the event of non-compliance by the Client, Optimability will provide written notice to the Client, detailing the specific areas of non-compliance and the intent to invoke the cancellation policy. The Client will have a period of 7 days from the date of the notice to address the areas of non-compliance. Failure to do so will result in the enforcement of the cancellation policy.
CURRENCY 9. Except as otherwise provided in this Agreement, all monetary amounts referred to in this agreement are in USD (American Dollars).
COMPENSATION 10. The Contractor will charge the Client for the Services at the rate of what was agreed upon during their recorded discovery call. (the "Compensation"). 11. The Contractor will invoice the Client as per the agreed upon payment schedule. 12. Invoices submitted by the Contractor to the Client are due upon receipt. 13. The Compensation as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Compensation. 14. The Contractor will be entitled for compensation from any additional costs incurred by the Client that are not specifically included in the “Services Provided”
CONFIDENTIALITY 15. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client. 16. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement. 17. All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
OWNERSHIP OF INTELLECTUAL PROPERTY 18. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, will be the sole property of the Contractor. The use of the Intellectual Property by the Client will not be restricted in any manner. 19. The Client may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Contractor. The Client will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.
RETURN OF PROPERTY 20. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
CAPACITY/INDEPENDENT CONTRACTOR 21. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
RIGHT OF SUBSTITUTION 22. Except as otherwise provided in this Agreement, the Contractor may, at the Contractor's absolute discretion, engage a third party subcontractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services. 23. In the event that the Contractor hires a subcontractor: The Contractor will pay the subcontractor for its services and the Compensation will remain payable by the Client to the Contractor. for the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of the Contractor.
AUTONOMY 24. Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
EQUIPMENT 25. Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all software, communications, and any other digital items necessary to deliver the Services in accordance with the Agreement.
NO EXCLUSIVITY 26. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
NOTICE 27. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing.
INDEMNIFICATION 28. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
MODIFICATION OF AGREEMENT 29. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
TIME OF THE ESSENCE 30. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
ASSIGNMENT 31. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
ENTIRE AGREEMENT 32. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
ENUREMENT 33. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
TITLES/HEADINGS 34. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
GENDER 35. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
GOVERNING LAW 36. This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia.
SEVERABILITY 37. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.