This Privacy Policy explains how MarqFit LLC ("MarqFit," "we," "us," or "our") collects, uses, processes, stores, shares, and protects information when you access or use the MarqFit mobile application, the MarqFit website, and any related services, features, or platforms that link to this Privacy Policy (collectively, the "Services").
MarqFit is a fitness tracking and community application designed to help users record workouts, monitor fitness progress, participate in fitness communities and clubs, view and create running routes, and use related health and fitness features.
We believe users should understand what happens to their information. This Privacy Policy is intended to provide a clear description of our practices and the choices available to you.
By accessing or using the Services, you acknowledge the practices described in this Privacy Policy. If you do not agree with this Privacy Policy, you should not use the Services.
2. Information We Collect
The information we collect depends on which MarqFit features you use.
2.1 Account Information
When you create or maintain a MarqFit account, we may collect:
- your full name;
- your username;
- your Marquette University email address;
- your MarqFit user identifier;
- your account creation date;
- your profile information;
- your account preferences;
- your account status;
- your club memberships;
- your roles within clubs;
- authentication-related information; and
- other information you voluntarily add to your account.
MarqFit uses Firebase Authentication or related authentication infrastructure to assist with authentication and account security.
MarqFit does not need access to your plain-text account password.
2.2 Body and Profile Information
Certain MarqFit features may use information such as:
- age or age-related information;
- gender or sex information where voluntarily provided;
- height;
- body weight; and
- other fitness-related profile information.
This information may be used for fitness functionality such as strength calculations, statistics, or progress tracking.
We do not use this information for targeted advertising.
2.3 Workout and Fitness Information
When you use MarqFit's workout functionality, we may collect information including:
- workouts;
- exercises performed;
- exercise selections;
- workout presets;
- sets;
- repetitions;
- resistance or weight used;
- workout duration;
- workout completion status;
- workout dates;
- training schedules;
- personal records;
- squat records;
- bench press records;
- deadlift records;
- workout streaks;
- workout history;
- DOTS scores;
- strength statistics;
- progress measurements; and
- other fitness information you voluntarily enter into MarqFit.
We use this information to provide fitness tracking, calculations, statistics, progress measurements, club functionality, rankings, and related features.
3. Apple Health and HealthKit
MarqFit may integrate with Apple Health and Apple's HealthKit framework to provide supported health and fitness functionality.
Apple Health integration is optional.
MarqFit does not access Apple Health information unless you grant permission through Apple's HealthKit authorization system.
3.1 HealthKit Information MarqFit May Read
For currently supported Apple Health functionality, MarqFit may request permission to read:
- Step Count; and
- Walking + Running Distance.
We use this information to display fitness activity and progress within MarqFit and to provide related fitness features.
MarqFit will request only HealthKit data types reasonably necessary for the functionality being provided.
If MarqFit introduces functionality requiring additional HealthKit categories, we will update our disclosures and request the appropriate Apple permissions before accessing those additional categories.
3.2 HealthKit Permissions
Apple controls HealthKit authorization.
You can permit or deny access independently for supported categories of health information.
You may revoke or modify MarqFit's Apple Health permissions through the Health application or your Apple device settings.
Revoking permission may prevent features that depend on Apple Health information from functioning correctly, but it will not prevent you from using unrelated MarqFit functionality.
MarqFit does not require access to unrelated Apple Health information in order for you to use unrelated portions of the Services.
3.3 Restrictions on HealthKit Information
Information obtained from HealthKit:
- is used only for health or fitness-related functionality;
- is not sold;
- is not sold to advertising platforms;
- is not sold to data brokers;
- is not provided to information resellers;
- is not used for targeted advertising;
- is not used for behavioral advertising;
- is not used for marketing based on your health information;
- is not used for unrelated data mining; and
- is not disclosed to third parties for advertising purposes.
We will not disclose HealthKit-derived information to a third party unless the disclosure is permitted by Apple, authorized where required, and related to providing an appropriate health or fitness service or otherwise required by law.
MarqFit does not store HealthKit-derived personal health information in iCloud.
4. Location Information
Certain MarqFit functionality may require access to your device's location.
With your permission, MarqFit may access precise or approximate location information for functionality including:
- displaying your current position on a map;
- displaying running routes;
- viewing routes relative to your location;
- creating running routes;
- recording running activity;
- measuring route distance;
- displaying location-related fitness information;
- supporting location-based running functionality; and
- providing other features that clearly require location information.
MarqFit requests location access through the permission systems provided by your operating system.
You may grant or deny location permission.
You may also modify or revoke your permission through your device settings.
If you deny or revoke location permission, some map, route, location, running, or safety-related features may not operate correctly.
4.1 Location Storage
Depending on the feature you use, location information may:
- be temporarily processed to display your current position;
- be transmitted to a mapping provider;
- be used to calculate or display a route;
- be used to measure distance;
- be represented as geographic coordinates;
- be stored as part of a route you choose to save; or
- be shared when you intentionally share a route or activity.
MarqFit does not sell precise location information.
MarqFit does not use precise location information for targeted advertising.
5. Mapbox
MarqFit uses Mapbox to provide mapping and location-related functionality.
Mapbox functionality may include:
- map rendering;
- 2D and 3D maps;
- route visualization;
- geographic information;
- location display;
- route-related functionality; and
- other mapping services.
When MarqFit causes your device's location to be gathered for a Mapbox-enabled feature, the Mapbox Maps SDK may send de-identified location and usage telemetry to Mapbox.
This telemetry is processed by Mapbox under Mapbox's own terms and privacy practices.
5.1 Mapbox Telemetry Controls
Mapbox provides controls relating to certain telemetry generated through its mobile mapping SDK. MarqFit will provide access to applicable Mapbox telemetry controls where required by Mapbox's platform requirements.
5.2 Mapbox Attribution
Maps displayed through Mapbox may include:
- the Mapbox wordmark;
- Mapbox attribution;
- OpenStreetMap attribution;
- applicable third-party map-data attribution; and
- access to Mapbox's information or telemetry controls.
These notices may be required by Mapbox's licensing and platform requirements and should not be interpreted as MarqFit endorsements of unrelated third parties.
6. Club, Friend, and Community Information
MarqFit includes social and community features.
We may process information including:
- club memberships;
- club roles;
- friend relationships;
- friend requests;
- shared workout activity;
- workout completion posts;
- shared workout presets;
- club participation;
- leaderboard information;
- rankings;
- social interactions;
- usernames;
- user-generated posts; and
- other information you intentionally share through community functionality.
7. Information Visible to Other Users
MarqFit is not designed to make all information associated with an account public.
However, certain information may be visible to other users when required by a social or community feature.
Depending on the feature and your settings, other users may be able to view information such as:
- your username;
- club membership;
- selected profile information;
- workout activity you choose or configure to share;
- shared workout posts;
- leaderboard position;
- DOTS score or other fitness ranking information;
- fitness achievements you choose to share;
- shared presets;
- routes you intentionally share; and
- other information clearly presented as part of a social or community feature.
Private account information such as your account email address is not intended to be publicly displayed to other MarqFit users unless you intentionally disclose it yourself.
You should not submit information to a shared feature that you do not want the applicable audience to see.
8. User-Generated Content
MarqFit may allow you to create, upload, save, publish, transmit, or share content.
This may include:
- workout posts;
- workout presets;
- profile content;
- routes;
- club content;
- comments;
- fitness accomplishments; and
- other material submitted through interactive functionality.
User-generated content may contain personal information depending on what you choose to include.
MarqFit may process user-generated content as reasonably necessary to:
- provide the feature;
- display the content to its intended audience;
- maintain community functionality;
- investigate reported content;
- enforce our Terms of Service;
- prevent abuse;
- protect users;
- comply with law; and
- maintain the security and integrity of the Services.
9. Technical and Device Information
When you interact with the Services, MarqFit and our service providers may automatically process certain technical information.
This may include:
- device type;
- device model;
- operating system;
- operating-system version;
- application version;
- IP address;
- language or regional settings;
- network information;
- session information;
- timestamps;
- authentication events;
- security events;
- push-notification tokens; and
We may use technical information to operate, secure, maintain, troubleshoot, and improve the Services.
10. Push Notifications
With your permission, MarqFit may send push notifications.
Notifications may include:
- workout reminders;
- friend requests;
- shared presets;
- club activity;
- social interactions;
- workout information;
- achievements;
- account information;
- security notifications; and
- other notifications associated with MarqFit functionality.
MarqFit may use services including:
- Apple Push Notification Service ("APNs"); and
- Firebase Cloud Messaging ("FCM")
to provide notification functionality.
A device or push-notification token may be processed in connection with these services.
You may modify notification permissions through your device settings and through MarqFit settings where available.
11. Email Communications
MarqFit may use your email address for:
- account verification;
- password resets;
- account-security communications;
- privacy communications;
- support requests;
- deletion requests;
- service-related communications;
- user-requested fitness communications;
- workout or progress reports you have enabled; and
- other operational communications.
We may use an email-delivery service such as SendGrid to send certain communications.
MarqFit does not sell your email address.
Where required by law, optional promotional communications will include an appropriate unsubscribe mechanism.
Security, transactional, legal, or account-administration communications may still be sent where reasonably necessary.
12. How We Use Information
We may use information collected through MarqFit to:
Provide the Services
Including accounts, workouts, fitness tracking, statistics, clubs, social functionality, maps, routes, notifications, presets, and related features.
Authenticate Users
Including establishing accounts, verifying credentials, and protecting accounts against unauthorized use.
Calculate Fitness Metrics
Including DOTS scores, workout statistics, personal records, progress information, streaks, and similar calculations.
Provide Health and Fitness Functionality
Including displaying supported Apple Health information and integrating fitness information into user-facing functionality.
Provide Location-Based Functionality
Including maps, route creation, route display, distance information, and supported location-based functionality.
Provide Community Functionality
Including friends, clubs, shared workouts, leaderboards, shared presets, and community interactions.
Communicate With Users
Including account verification, password resets, notifications, security messages, support responses, and enabled fitness communications.
Maintain and Improve MarqFit
Including debugging, testing, improving reliability, developing features, measuring performance, and troubleshooting.
Protect Users and MarqFit
Including detecting:
- unauthorized access;
- fraud;
- spam;
- malicious activity;
- security incidents;
- prohibited conduct; and
- violations of our Terms.
Comply With Legal Obligations
Including responding to legally valid requests and establishing, exercising, or defending legal claims.
14. Third-Party Services
MarqFit currently relies on third-party technology providers to operate portions of the Services.
Depending on the features you use, these may include the following.
Google Firebase and Google Cloud
MarqFit may use Google Firebase or Google Cloud for:
- authentication;
- database infrastructure;
- cloud storage;
- server-side functionality;
- application hosting;
- notifications;
- security;
- and related backend services.
Google may process information necessary to provide these services.
Mapbox
MarqFit uses Mapbox for maps, geographic information, route visualization, and location-related functionality.
As described above, the Mapbox Maps SDK may send de-identified location and usage telemetry when MarqFit causes location information to be gathered.
MarqFit will provide access to applicable Mapbox telemetry controls where required by Mapbox's platform requirements.
Apple Health / HealthKit
MarqFit may access supported Apple Health information only after the applicable Apple permissions have been granted.
Apple Health information is subject to the additional protections described in this Privacy Policy.
Apple Push Notification Service
APNs may process information necessary to deliver push notifications to Apple devices.
Firebase Cloud Messaging
Firebase Cloud Messaging may process device notification information necessary to provide supported notifications.
SendGrid
MarqFit may use SendGrid or a similar communications provider to send operational or user-requested email communications.
Third-party providers maintain their own privacy practices and terms.
The specific providers used by MarqFit may change as our Services evolve.
We will update this Privacy Policy when a material change significantly affects how personal information is processed.
15. What MarqFit Does Not Do
Subject to the other disclosures in this Privacy Policy:
- MarqFit does not sell personal information.
- MarqFit does not sell workout history.
- MarqFit does not sell body measurements.
- MarqFit does not sell HealthKit information.
- MarqFit does not sell precise location information.
- MarqFit does not sell personal information to data brokers.
- MarqFit does not use HealthKit information for advertising.
- MarqFit does not provide HealthKit information to advertising networks.
- MarqFit does not use health information for cross-context behavioral advertising.
- MarqFit does not use precise location information for targeted advertising.
If our practices materially change, we will update this Privacy Policy and obtain consent where required by applicable law.
16. Data Security
MarqFit uses administrative, technical, and organizational safeguards designed to protect information.
Our safeguards may include:
- authenticated access;
- authorization controls;
- Firebase security rules;
- Google Cloud identity and access controls;
- encrypted network communications;
- encryption provided by our infrastructure providers;
- restricted administrative access;
- account verification;
- software updates;
- security monitoring;
- logging;
- secure authentication infrastructure; and
- review of application-security practices.
Google Cloud and Firebase infrastructure provide encryption protections for data at rest and in transit.
Access to MarqFit backend systems is restricted to authorized individuals and service providers with an appropriate operational need.
However, no electronic system, database, authentication method, network connection, or transmission method is completely secure.
MarqFit therefore cannot guarantee that unauthorized access, disclosure, alteration, loss, or destruction of information will never occur.
You are responsible for protecting your account credentials.
If you believe your account has been compromised, contact us at:
17. Security Incidents
If MarqFit becomes aware of a security incident involving personal information, we will investigate and take actions that we determine are appropriate under the circumstances.
Where required by applicable law, we will notify affected users and/or appropriate authorities.
Nothing in this Privacy Policy should be interpreted as a guarantee that a security incident can never occur.
18. Data Retention
We retain personal information only for as long as reasonably necessary for purposes including:
- operating your account;
- providing requested Services;
- maintaining security;
- complying with legal obligations;
- preventing fraud or abuse;
- resolving disputes;
- enforcing agreements; and
- fulfilling the purposes described in this Privacy Policy.
Different categories of information may be subject to different retention periods.
18.1 Active Accounts
Information associated with an active account may generally be retained for as long as the account remains active and as reasonably necessary to provide the Services.
18.2 Deleted Accounts
When you permanently delete your account through MarqFit and confirm the deletion request, MarqFit deletes your account and associated personal information from its active production database.
Certain limited information may remain temporarily in backups, system logs, disaster-recovery systems, or records that MarqFit is permitted or required to retain for legal, security, fraud-prevention, dispute-resolution, or similar purposes, as described below.
18.3 Backups and Disaster Recovery
Information may temporarily remain in:
- encrypted backups;
- system logs;
- disaster-recovery systems; or
- other systems where immediate deletion is technically impracticable.
Information in these systems is removed or overwritten according to the applicable system's ordinary retention cycle.
Information retained solely in backup or disaster-recovery systems is not treated as an active MarqFit account and is not used for ordinary application functionality.
Information retained only in backup or disaster-recovery systems will not be returned to ordinary active use except where reasonably necessary for security, restoration, or disaster recovery.
If a backup is restored, previously received valid deletion requests will remain applicable to the restored information where technically and legally appropriate.
18.4 Legal and Security Retention
We may retain limited information for longer when reasonably necessary to:
- comply with law;
- comply with a legal hold;
- respond to litigation;
- prevent fraud;
- maintain security;
- investigate abuse;
- enforce agreements;
- resolve disputes;
- document a deletion request; or
- establish, exercise, or defend legal claims.
18.5 De-Identified Information
MarqFit may retain aggregated or de-identified information that can no longer reasonably be used to identify an individual.
19. Account and Data Deletion
You may permanently delete your MarqFit account directly through the application.
To delete your account:
- Open Settings in MarqFit.
- Scroll to the bottom of the Settings page.
- Select Delete Account.
- Confirm that you want to permanently delete your account.
Once you confirm the deletion request, MarqFit deletes your account and associated personal information from its active database. Account deletion is permanent and cannot be undone.
Account deletion includes deletion of the user's MarqFit authentication account in addition to associated personal information maintained in MarqFit's active database.
Users who need assistance with account or data deletion may contact:
Deleting an account is permanent and may result in the loss of:
- your profile;
- workout history;
- personal records;
- DOTS history;
- fitness statistics;
- workout presets;
- training history;
- club memberships;
- friend relationships;
- social information;
- saved routes;
- notification preferences; and
- other information associated with your account.
19.1 Information Deleted With Your Account
Subject to the exceptions described in this Policy, account deletion includes deletion or permanent de-identification of information such as:
- account and profile information;
- email information associated with the account;
- workout history;
- personal records;
- body and fitness information;
- fitness metrics;
- workout presets;
- club membership records associated solely with your account;
- friend relationships;
- notification preferences;
- push-notification tokens;
- saved routes and route information associated with your account;
- user-generated content associated with your account that remains under MarqFit's control, subject to the retention exceptions described in this Privacy Policy; and
- other personal information maintained as part of your account.
19.2 Previously Shared Information
Certain content may not immediately disappear from every location if it was previously shared with another person.
For example, another user may have:
- copied it;
- exported it;
- quoted it;
- screenshotted it; or
- otherwise independently retained it.
MarqFit cannot delete information another individual has independently copied outside systems controlled by MarqFit.
19.3 Deletion Exceptions
We may retain information where permitted or required for:
- legal compliance;
- fraud prevention;
- security;
- abuse prevention;
- legal claims;
- recordkeeping relating to deletion;
- dispute resolution; or
- other purposes permitted by applicable law.
Information that has been irreversibly aggregated or de-identified may also be retained.
20. Your Privacy Rights
Depending on where you live and which laws apply, you may have rights relating to your personal information.
These may include the right to:
- request access to personal information;
- request correction of inaccurate personal information;
- request deletion;
- receive certain information in a portable format;
- withdraw consent where processing is based on consent;
- revoke device permissions;
- object to certain uses of information;
- restrict certain processing;
- opt out of certain disclosures; and
- appeal certain privacy decisions where applicable law provides such a right.
To submit a privacy request, contact:
We may take reasonable steps to verify that the person making the request is the account holder or is otherwise legally authorized to make the request.
We will not unlawfully discriminate against you because you exercised a privacy right provided by applicable law.
Certain rights may be subject to legal exceptions.
21. Device Permissions and Consent
Certain MarqFit features use resources protected by your operating system.
Depending on the features available, MarqFit may request permission relating to:
- location;
- Apple Health;
- motion or fitness information;
- notifications; and
- other device capabilities necessary to provide a feature.
MarqFit requests protected permissions through the authorization mechanisms provided by your operating system.
You may revoke these permissions through your device settings.
Revoking a permission may cause the related feature to stop functioning but generally will not prevent you from using unrelated MarqFit functionality.
22. Analytics and Advertising
MarqFit does not use HealthKit information or precise location information for targeted advertising.
MarqFit does not currently sell personal information for cross-context behavioral advertising.
We may use aggregated, de-identified, diagnostic, or application-performance information to understand how MarqFit operates and to improve the Services.
If MarqFit introduces a new analytics or advertising technology that materially changes how personal information is processed, we will update this Privacy Policy and comply with applicable consent and disclosure requirements.
23. Do Not Track and Privacy Preference Signals
Some browsers provide a "Do Not Track" setting.
There is currently no single universally adopted technical standard for all browser-based Do Not Track signals.
Accordingly, our websites may not respond to every Do Not Track signal.
Where applicable law requires MarqFit to honor a legally recognized privacy preference signal, we will comply with applicable requirements.
Because MarqFit does not currently sell personal information or use personal information for cross-context behavioral advertising, certain opt-out signals may not alter how MarqFit processes information.
24. Children's Privacy
MarqFit is not directed to children under 13 years of age.
Children under 13 are not permitted to create or maintain a MarqFit account.
We do not knowingly collect personal information from children under 13.
If we become aware that personal information from a child under 13 has been collected in circumstances prohibited by law, we will take reasonable steps to delete the information.
If you believe a child under 13 has provided personal information to MarqFit, contact:
25. Marquette University Community
MarqFit may require or use a valid Marquette University email address to verify eligibility for certain community features.
Use of a Marquette University email address does not mean that Marquette University operates MarqFit's data infrastructure or controls this Privacy Policy.
MarqFit LLC is responsible for the privacy practices described in this Privacy Policy.
Unless expressly stated otherwise, references to the Marquette University community should not be interpreted as an endorsement, sponsorship, or operation of MarqFit by Marquette University.
26. United States and International Users
MarqFit is operated from the United States.
If you access the Services from another jurisdiction, information may be transferred to, processed in, or stored in the United States or in jurisdictions where our service providers operate.
Privacy laws in those jurisdictions may differ from those where you reside.
Where applicable law requires specific protections for international transfers of personal information, we will use legally appropriate mechanisms.
27. Fitness and Medical Disclaimer
MarqFit provides fitness tracking, informational, social, organizational, and technology functionality only.
MarqFit does not provide:
- medical advice;
- medical diagnosis;
- medical treatment;
- emergency medical services;
- healthcare services;
- physical therapy;
- professional medical supervision; or
- individualized medical recommendations.
Fitness calculations, workout statistics, exercise information, DOTS scores, body metrics, routes, progress measurements, and other information provided through MarqFit are for general informational and fitness purposes.
They are not substitutes for advice from a qualified healthcare professional.
You are responsible for determining whether an exercise, workout, route, weight, training program, or physical activity is appropriate for you.
Consult an appropriate healthcare professional before beginning or materially changing a fitness program when appropriate.
If you experience symptoms requiring medical attention, stop the activity and obtain appropriate medical assistance.
28. Assumption of Risk
Physical exercise, strength training, running, outdoor activities, gym activities, competitive fitness, and similar activities involve inherent risks.
These risks may include:
- falls;
- collisions;
- overexertion;
- dehydration;
- illness;
- muscle injuries;
- joint injuries;
- cardiovascular events;
- serious bodily injury;
- disability;
- property damage;
- encounters with vehicles;
- unsafe environmental conditions; and
- death.
MarqFit does not control:
- the physical condition of users;
- roads;
- sidewalks;
- trails;
- gyms;
- exercise equipment;
- weather;
- traffic;
- construction;
- third parties;
- user-generated routes;
- club activities; or
- other environments in which physical activities occur.
You are responsible for evaluating your own physical condition, equipment, environment, surroundings, route, and activity.
To the maximum extent permitted by applicable law, you knowingly and voluntarily assume the risks associated with physical activities you perform, discover, track, organize, or participate in through or in connection with MarqFit.
29. Routes, Maps, and Location Safety
Maps, running routes, route recommendations, route descriptions, safety tools, and location-related information available through MarqFit are informational aids.
MarqFit does not guarantee that any route is:
- safe;
- accessible;
- legally accessible;
- properly maintained;
- free from traffic;
- adequately illuminated;
- suitable for a particular person;
- open to the public;
- accurate;
- free from construction;
- free from hazards; or
- available at a particular time.
Mapping information may be provided in whole or in part by Mapbox or other third-party data providers and may occasionally be inaccurate, incomplete, or outdated.
You are responsible for observing:
- your surroundings;
- traffic;
- traffic laws;
- posted signs;
- private-property restrictions;
- weather;
- construction;
- environmental conditions; and
- other potential hazards.
No MarqFit map, running, route, club, notification, location, or safety feature should be relied upon as a replacement for emergency services.
If you or another person is experiencing an emergency or immediate danger, contact the appropriate emergency-service provider.
30. No Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARQFIT AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
MARQFIT LLC DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF:
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- NON-INFRINGEMENT;
- ACCURACY;
- AVAILABILITY;
- RELIABILITY; and
- FITNESS OR HEALTH OUTCOMES.
MARQFIT DOES NOT WARRANT THAT:
- THE SERVICES WILL ALWAYS BE AVAILABLE;
- THE SERVICES WILL ALWAYS BE ERROR-FREE;
- FITNESS CALCULATIONS WILL ALWAYS BE ACCURATE;
- USER-GENERATED INFORMATION WILL BE ACCURATE;
- A PARTICULAR WORKOUT WILL PRODUCE A PARTICULAR RESULT;
- A ROUTE WILL BE SAFE;
- MAP INFORMATION WILL ALWAYS BE CURRENT;
- A SECURITY INCIDENT WILL NEVER OCCUR; OR
- THE SERVICES WILL MEET EVERY USER'S EXPECTATIONS OR REQUIREMENTS.
Some jurisdictions do not permit certain warranty exclusions.
Where such exclusions are prohibited, these provisions apply only to the maximum extent permitted by applicable law.
31. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARQFIT LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, REPRESENTATIVES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES.
This includes damages arising from or relating to:
- your use of MarqFit;
- your inability to use MarqFit;
- fitness activities;
- physical activities;
- personal injury;
- property damage;
- loss of data;
- loss of profits;
- loss of business;
- loss of opportunity;
- interruption of service;
- user-generated content;
- club activities;
- interactions with other users;
- third-party services;
- routes;
- map information;
- location information;
- unauthorized access;
- security incidents; or
- other matters relating to the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARQFIT LLC'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF:
(A) THE AMOUNT YOU PAID DIRECTLY TO MARQFIT FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(B) TWENTY U.S. DOLLARS ($20).
Nothing in this Privacy Policy excludes or limits liability that cannot legally be excluded or limited.
Some jurisdictions do not allow certain exclusions or limitations of liability.
In those jurisdictions, MarqFit's liability will be limited to the maximum extent permitted by applicable law.
32. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless:
MarqFit LLC, its members, managers, officers, employees, contractors, affiliates, representatives, and agents
from and against claims, demands, proceedings, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
- your misuse of the Services;
- your violation of applicable law;
- your violation of MarqFit's Terms of Service;
- your infringement or violation of another person's rights;
- content you submit, post, transmit, or share;
- your conduct toward another user;
- activities you organize;
- activities you participate in;
- your misuse of workout information;
- your misuse of fitness information;
- your misuse of maps or routes;
- your misuse of community functionality; or
- your intentional or unlawful misconduct.
MarqFit reserves the right to assume control of the defense of a matter otherwise subject to indemnification.
If MarqFit assumes such defense, you agree to reasonably cooperate.
This provision applies only to the maximum extent permitted by applicable law.
33. Governing Law and Venue
To the maximum extent permitted by applicable law, this Privacy Policy and disputes arising out of or relating to this Privacy Policy or the Services will be governed by the laws of the State of Wisconsin, without regard to conflict-of-law principles.
Unless applicable law requires otherwise, legal proceedings arising out of or relating to this Privacy Policy or the Services must be brought in the appropriate state or federal courts located in or serving Milwaukee County, Wisconsin.
You consent to the jurisdiction and venue of those courts to the extent permitted by applicable law.
Nothing in this section eliminates rights or protections that a consumer cannot lawfully waive.
This provision supplements any governing-law or dispute-resolution provisions contained in MarqFit's Terms of Service.
34. Severability
If a provision of this Privacy Policy is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law.
If the provision cannot be enforced, it will be treated as severed to the minimum extent necessary.
The remaining provisions will remain in effect.
35. No Waiver
MarqFit's failure to enforce any provision of this Privacy Policy does not constitute a waiver of that provision or any other right.
A waiver on one occasion does not constitute a waiver on another occasion.
36. Changes to This Privacy Policy
MarqFit may update this Privacy Policy as our:
- Services;
- features;
- technology;
- service providers;
- business practices; or
- legal obligations
change.
When we update this Privacy Policy, we may:
- publish the revised Policy on our website;
- make it available through MarqFit;
- update the "Last Updated" date;
- provide an in-app notice; and
- provide additional notice where required by law.
If a change materially expands the way MarqFit uses sensitive personal information, health information, or precise location information, we will obtain additional consent where required by applicable law.
Before MarqFit begins collecting a new category of sensitive information, including additional HealthKit data types or materially different location information, we will update applicable disclosures and obtain permission or consent where required.
We encourage you to periodically review this Privacy Policy.
37. Relationship to the Terms of Service
This Privacy Policy primarily describes MarqFit's information-handling practices.
MarqFit's Terms of Service contain additional contractual requirements governing the use of MarqFit.
The Terms of Service should be read together with this Privacy Policy.
Where this Privacy Policy contains:
- fitness disclaimers;
- assumption-of-risk provisions;
- warranty disclaimers;
- limitations of liability;
- indemnification provisions; or
- governing-law provisions,
those provisions supplement corresponding provisions in the Terms of Service.
If there is a conflict specifically concerning MarqFit's handling of personal information, this Privacy Policy controls unless applicable law requires otherwise.
38. Contact Us
Questions, privacy concerns, data-access requests, account-deletion requests, or other privacy requests may be sent to:
MarqFit LLC
Privacy & Support: support@marqfit.com
We may request reasonable information to verify your identity before releasing, modifying, or deleting information associated with an account.
We will respond to verified privacy requests within the timeframe required by applicable law.
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