Privacy Policy
Spectra Innovations NoiseFit: Health & Fitness Privacy Policy
Spectra Innovations Private Limited ("we," "us," or "our") values your trust and is committed to protecting your privacy. This Privacy Policy outlines how we collect, use, store, and disclose your personal information in accordance with applicable Singaporean laws, including the Information Technology Act, 2000, and related rules.
This Privacy Statement describes how we use and disclose the information that we collect from you when you visit the Site, products are sold on the Site (“Products”) or when you use applications or services on the Site i.e. website www.gonoise.com.sg, (collectively, the provision of the Site and the sale and/or provision of Products, applications i.e. https://app.gonoise.com / https://app-eks.gonoise.com/ mobile application called NoiseFit: Health & Fitness App ("App") or services on the Site, are hereinafter referred to as “Services”). Our Services are very diverse, so sometimes additional policies may apply. These additional policies will be available with the relevant Services, and those additional policies become part of your agreement with us if you use those Services.
Whereas, NoiseFit Application being a Health & Fitness's device, APP and related products (hereinafter collectively referred to as “NoiseFit: Health & Fitness Services”) are provided by Spectra Innovations Pte Ltd. (hereinafter referred to as “NoiseFit: Health & Fitness”).
This policy shall be applicable for wearables as well as hearables products under the brand name “NOISE”
Thank you very much for using NoiseFit: Health & Fitness Services. To have a better experience when using NoiseFit: Health & Fitness Services, please read carefully and fully understand the terms of the NoiseFit: Health & Fitness Privacy Policy (hereinafter referred to as “the Agreement”). If you do not accept the Agreement, please do not use NoiseFit: Health & Fitness Services.
By creating your account or otherwise using NoiseFit: Health & Fitness Services, you shall be deemed to have agreed to be bound by the terms of the Agreement, and such terms shall constitute a binding agreement between you and Spectra Innovations Private Limited. Below are the specific terms of the Agreement:
1. Read Our Privacy Policy
2. Eligibility to Use NoiseFit: Health & Fitness Services
2.1 Information we collect
2.2 Where we store your personal information
3. Create Your Account
4. Essential Devices
5. NoiseFit: Health & Fitness’s Rights consequent to contents.
6. NoiseFit: Health & Fitness Services
6.1 Device Data
6.2 Contact List
6.3 Access Background Location
6.4 In-app purchase
7. Rules of Use
8. How we use your Personal Data and SPDI
9. Purpose and grounds of Processing Personal Data
10. Please consult your doctor before using NoiseFit: Health & Fitness Services.
11. Sales and Payment
12. Feedback and Submission Policy
13. Reminders and Notifications
14. Compliance with Indian and International Data Protection Laws
15. Exercising Your Rights
16. Third-party Services
17. Change of NoiseFit: Health & Fitness Services
18. Data Retention & Deletion
19. Termination
20. Disclaimer
21. Indemnity
22. Limitation of Liability
23. Governing Law and Dispute Resolution
24. General Provisions
25. Applicability of Additional Provisions
26. Community Guidelines
27. Contact Us
1. Read Our Privacy Policy
For how we will deal with your data, please read our Privacy Policy. By using NoiseFit: Health & Fitness Services, you shall be deemed to have agreed that we can collect and use your information in accordance with our Privacy Policy.
2. Eligibility to Use NoiseFit: Health & Fitness Services
If you are under 18 years old (or under 13 years old in some jurisdictions outside Singapore), you are not allowed to use NoiseFit: Health & Fitness Services. If we believe that you are under 18 years old (or under 13 years old in some jurisdictions), we may terminate your account and your use of our services or imposed a restriction subject to the consent of the guardian
In cases where a child's personal data and SPDI (Sensitive Personal Data & Information Data) is collected with parental consent, we will use or disclose the data only if the law allows, parents or guardians expressly agree or protect the child. Although local laws and customs have different definitions of children, we treat anyone under the age of 18 as a child.
Further, we recognise the need to provide additional privacy protections with respect to personal information we may collect from children. When we collect personal information from children, we let parents set up the wearable devices for children and take additional steps to protect children’s privacy, including:
· Notifying parents about our information practices regarding personal data about children, including the types of personal information we will collect, the uses to which we may put that information, and whether and with whom we may share that information
· In accordance with applicable law, obtaining consent from parents for the collection of personal information from their children
· Limiting our collection of personal information from children to no more than is reasonably necessary for provision of services
· Giving parents the ability to request access to personal information we have collected from their children and the ability to request that the personal information be changed or deleted.
2.1 Information we collect:
I. Personal Information
To provide you with personalized services and accurate insights, we collect the following categories of personal information:
a) Account Information:
o When creating an account on our Services, you are required to provide your name, email address, mobile number, password, date of birth, gender, height, and weight.
o This is the minimum information required to create an account with us. You may also choose to provide additional details, such as a profile photo, to enhance your experience.
o Information such as height, weight, gender, and age allows us to improve the accuracy of insights related to daily exercise, calories burned, and distance traveled.
b) Activity Data:
o We collect and maintain information on your activities to determine the types of activities performed and monitor daily patterns that may affect your fitness.
c) Sleep Data:
o This includes your sleep schedule, sleep duration, sleep habits, and insights for improving your sleep quality.
d) Heart Rate Data:
o We collect and maintain heart rate data to calculate and detect your maximum and resting heart rate and notify you when it exceeds predetermined limits.
e) Contact Details:
o Includes your phone number, email address, and mailing address, primarily to facilitate communication and service delivery.
f) Payment Information:
o Necessary details to process your transactions securely, such as your credit/debit card information and billing address.
g) Browsing Behavior:
o Information about how you interact with our website or app, such as pages visited, time spent, search queries, and clickstream data, is collected to enhance your user experience and improve our platform.
h) Device Information:
o Details about the device you use to access our services, including device type, operating system, browser type, IP address, and unique device identifiers, to ensure security and optimize performance.
This transparency ensures users understand what data is being collected and for what purposes. We are committed to handling this information responsibly and using it solely to enhance your experience, improve our services, and comply with applicable laws. For additional details, please refer to the "Usage of Information" section.
II. Sensitive Personal Data and Information (SPDI)
We may collect sensitive personal data or information (“SPDI”) when you access and use our Website, products, or merchandise. By using the Website, purchasing any products or merchandise, or providing us with your information, you consent to the storage, processing, transfer, and disclosure of your personal information and SPDI as outlined in this Policy.
III. Aggregated Information
When you visit our Website, we, along with third-party service providers, may collect anonymous information through server log files, cookies, and pixel tags:
a) Server Log Files
Your Internet Protocol (IP) address, a unique identifier assigned by your Internet Service Provider (ISP), is automatically logged in our server files whenever you visit the Website. This log includes the time of your visit and the pages you accessed. We use IP addresses to analyze Website usage, diagnose server issues, and administer the Website. Additionally, IP addresses may be used to communicate with or restrict access to users who violate our Policy or Terms and Conditions. Collecting IP addresses is a standard practice followed by many websites.
b) Cookies
Cookies are small data files that a web server transfers to your computer for record-keeping purposes. Widely used across the internet, cookies enhance your experience by facilitating seamless access and navigation of a website. Cookies do not damage your computer or files and can only be read, modified, or deleted by the website that created them.
You can manage cookies by following the procedures in your browser settings to delete existing cookies, block cookies automatically, or choose to accept or decline them selectively. However, declining cookies may limit your ability to access certain features of the Website.
c) Pixel Tags
Our Website may use pixel tags, web beacons, clear GIFs, or similar technologies (collectively referred to as "Pixel Tags") to collect aggregated statistics on Website usage and response rates. Pixel Tags allow us to count the number of users visiting specific pages. In HTML-formatted emails, Pixel Tags can indicate whether and when an email has been opened and read.
2.2 Where we store your personal information
We store your data with Amazon Web Services cloud platform provided by Amazon Web Services, Inc. (headquartered at 410 Terry Ave. N Seattle, Washington 98109, USA) . Amazon Web Services implement security measures to protect the loss, misuse and alteration of the information, details of which are available at https://aws.amazon.com. We send the data [SSM1] to our backend servers on the subdomain https://backend.gonoise.com / https://pre-order.gonoise.in from the mobile application called NoiseFit: Health & Fitness App ("App").
3. Create Your Account
To fully access and utilize NoiseFit: Health & Fitness Services, you must create an account by providing a valid email address, mobile number, and a secure password. You are solely responsible for maintaining the confidentiality of your account and password and will be held accountable for all activities conducted through your account. NoiseFit: Health & Fitness will not be liable for any losses or damages resulting from your failure to protect your account credentials. If you suspect or identify any security breaches within NoiseFit: Health & Fitness Services or your account, please contact us immediately.
Without an account, you will have limited access to the services provided by NoiseFit: Health & Fitness. Please note that when offering services, NoiseFit: Health & Fitness may collect certain information in accordance with our Privacy Policy.
4. Essential Devices
To fully access and utilize NoiseFit: Health & Fitness Services, , you need to use a supporting mobile device (such as mobile phone) or by any electronic device that can be connected to the Internet, and a smart device such as watch. The maintenance and safety performance of such devices may affect the services of NoiseFit: Health & Fitness, so you are responsible for ensuring the normal operation and safety of such devices. It is your responsibility to bear all Internet access fees. Please check with your Internet provider for possible Internet data usage charges.
5. NoiseFit: Health & Fitness’s Rights consequent to contents.
The “NoiseFit: Health & Fitness Contents” include any photos, images, graphics, videos, audios, data, texts, music, software, works in any form and other information, contents or data released, generated, provided or otherwise made available by us through NoiseFit: Health & Fitness. NoiseFit: Health & Fitness reserves the rights to NoiseFit: Health & Fitness Contents and all rights that are not expressly specified in the Agreement. Unless otherwise specified in the Agreement, your use of NoiseFit: Health & Fitness Services shall not constitute the transfer of any ownership of NoiseFit: Health & Fitness Services or NoiseFit: Health & Fitness Contents to you or any other person.
You shall not duplicate, imitate or use our logo contained in NoiseFit: Health & Fitness Contents, any other NoiseFit: Health & Fitness trademarks that may appear in NoiseFit: Health & Fitness Services, or the overall appearance and style of NoiseFit: Health & Fitness Services without our prior written permission.
6. NoiseFit: Health & Fitness Services
NoiseFit: Health & Fitness Services records your training data and health data, which will be used only for your private and non-commercial purposes. Below are the main functions of
NoiseFit: Health & Fitness Services.
(a) Account login: you need to create and log into your NoiseFit: Health & Fitness account, in order to manage and save your training data and health data.
(b) Device management: NoiseFit: Health & Fitness Services allow you to manage your device. You can manage the use and upgrade of your device by connecting your device to your phone through BT function. You can manage your personal data on your device and/or in the APP, which will be displayed after processed through the APP.
(c) Personal information management: you can edit your avatar, nickname, sex, age, height, weight and other information in the APP.
(d) Training data recording: NoiseFit: Health & Fitness Services support the recording and display of your daily training data (walking, running, biking, swimming, etc.) and movement path (outdoor running, outdoor walking, outdoor biking, etc.). To record your movement path, you need to enable the GPS function of your mobile phone.
(e) Health data management: After binding your device, NoiseFit: Health & Fitness Services will support the measurement, recording and display of your health data (sleep, heart rate, SpO2, stress, etc.).
(f) Medals: You will be awarded virtual medals, depending on your related training data and health data.
(g) Health reports: Generate your weekly, monthly and annual health reports based on your training data, health data and personal information, and push your health reports. Please note that these reports do not constitute professional medical advices.
(h) Functional services: NoiseFit: Health & Fitness provides additional functional services, including quick message reply, intelligent training identification, female menstrual cycle reminder, lifting wrist to turn on the screen, automatic brightness adjustment at night, multi-language switching, alarm clock, Find My Phone, music control and weather notification.
(i) Sharing: Share your weekly health report and other training data and health data to other social APPs on your phone at your discretion.
(j) Questions and suggestions: If you encounter any problems in the course of use, you can edit and submit questions to us. If necessary, you can choose to upload logs.
(k) NoiseFit: Health & Fitness Services allow you to share data to third-party services, provided that you send us a sharing instruction.
(l) Purchase: NoiseFit: Health & Fitness provides virtual dial purchase service.
Please note that we will update the APP or software from time to time, and the actual functions will depend on the version you are using.
6.1 Device Data. "Device Data" includes without limitation, the following:
· Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
· Device operations: information about operations and behaviours performed on the device, such as whether a window is foregrounded or backgrounded.
· Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use.
· Device signals: We may collect your BT signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
· Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.
· Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address and connection speed.
· Media: We access the media gallery on your mobile device, including without limitation, images, videos and audio files and the storage space on your phone. However, we shall always obtain your consent before accessing your images and you shall have the option to deny us such access.
6.2 Contacts
Contacts List. We access the contacts list on your mobile device. We always ask for your consent before accessing your contacts list and you have the option to deny us the access to your contacts list. We take this information to run the buddy feature of the app where users can invite or connect with persons from their contacts.
Phone state / contact List: the call notifications feature - In order to use this feature it requires permission to send the caller details to the connected devices when the phone receives incoming calls and SMS. This data is not saved by the Noise app and is only used to provide notifications.
6.3 Access Background Location
When you use location-based program services or features, we may collect your location data.
NoiseFit requires background location permission for:
1. When using BT to search for devices, or to connect devices with BT, most Android systems need to use location permissions to enable BT related functions.
2. Use positioning to display walks and runs on a map for sports activities such as outdoor running, outdoor cycling, etc. When the NoiseFit application is running in the background, it also needs to obtain location information, and display the motion trajectory and distance to the user through the location information.
6.4 In-app Purchase
Our app offers subscription services that provide access to historical data, enhanced community features, customised watch faces, and exclusive brand offers. These subscriptions are processed via the App Store or Google Play, and we collect data such as your personal details (name, email, payment information), device information, and subscription status to verify and activate your subscription, manage billing and renewal, and provide premium content. We do not store credit card details; transactions are handled by third-party payment processors. You can manage or cancel your subscription, and refunds are managed by the respective app store.
We retain your subscription-related data for as long as necessary to provide the service or to comply with legal obligations. You have the right to access or delete your data at any time. We update this Privacy Policy periodically to reflect changes in our services or legal requirements. For more information on data handling, please refer to the privacy policies of Apple or Google Play, and review our full policy regularly for updates.
7. Rules of Use
NoiseFit: Health & Fitness grants you a limited, non-exclusive, non-transferable and revocable license (no sub-licensing is allowed) to: (1) use NoiseFit: Health & Fitness Services; (2) view NoiseFit: Health & Fitness Contents; (3) use the APP provided by Spectra Innovations; and (4) use the APP built into your NoiseFit: Health & Fitness device or call the APP from your phone, as authorized in the Agreement. This license will be granted only when you use NoiseFit: Health & Fitness Services for your personal and non-commercial purposes in the manner permitted by the Agreement.
You may not use, sub-license, duplicate, adapt, modify, translate, disclose, produce derivative works, disseminate, license, sell, lease, transfer, publicly display, publicly demonstrate, communicate, broadcast or otherwise use the NoiseFit: Health & Fitness Contents, NoiseFit: Health & Fitness Services or any part thereof (including any third-party software or APP), unless expressly permitted by the Agreement. You cannot obtain licenses or rights to any intellectual property owned or controlled by NoiseFit: Health & Fitness or its licensors by implied or other means, except for the licenses and rights expressly granted in the Agreement.
The images, names and other information you upload are your contents. You are solely responsible for your contents. You agree that none of your contents will be of the following nature: false, defamatory, infringing, harmful, pornographic, offensive, bullying, harassment, scandal, hatred, incitement, threats, profanity, obscenity, invasion of privacy or otherwise objectionable, including but not limited to facilitating illegal activities, promoting violence, and any discriminatory or illegal contents that may incur civil liabilities.
8. How we use your Personal Data and SPDI
Personal data refers to information that can be used to determine an individual’s identity when used alone or in combination with other information. Such data is collected when you use a Nexxbase’s products or service, including name, date of birth, address, account number, photo, and location and date of access to the product or service. We will only collect and use your personal data for the purposes stated in this policy. We may also collect sensitive and personal data in relation to your usage product. Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”) defines sensitive personal data or information of a person as personal information about that person relating to: passwords; financial information such as bank accounts, credit and debit card details or other payment instrument details; physical, physiological and mental health condition; sexual orientation; medical records and history; biometric information; any detail relating to the above clauses as provided to the body corporate for providing services; and any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.
9. Purpose and grounds of Processing Personal Data
We will only use your personal data for the purposes for which it was collected, unless we reasonably determine that it is necessary to use it for another purpose that is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you, explain the legal basis that allows us to do so, and obtain your consent when required.
In certain circumstances, however, we may process your personal data without your knowledge or consent, provided such processing complies with applicable legal and regulatory requirements.
If you wish to opt out of processing activities beyond the original purpose, you may contact us at support@gonoise.in
Our grounds for processing your personal information include:
- Consent: Where you have provided explicit consent for processing your data for a specific purpose.
- Contractual Obligations: When processing is necessary to fulfill a contract you have entered into.
- Legal Obligations: When required for compliance with legal obligations or judgments issued by courts or tribunals.
- State Functions: When processing is necessary for performing functions authorized by law.
- Employment-Related Activities: For purposes related to employment or in response to your job application for an advertised role.
- Medical and Emergency Situations: When responding to medical emergencies, providing medical services during epidemics, outbreaks, or threats to public health, or ensuring individual safety during disasters or public order breakdowns.
- Legitimate Business Purposes: For reasonable purposes such as fraud prevention, information security, mergers and acquisitions, debt recovery, and processing publicly available personal data, among others, as specified by the Data Protection Authority (DPA/Supervisory Authority).
10. Please consult your doctor before using NoiseFit: Health & Fitness Services
NoiseFit: Health & Fitness Services are not intended for the diagnosis, handling, treatment or prevention of any disease. If you have any medical condition or heart disease, please consult your doctor before using NoiseFit: Health & Fitness Services or participating in a training program. In case of a medical emergency, please consult a medical professional immediately.
Long-time contact with the wearable/hearable device may cause skin irritation or allergies to some users. To reduce discomfort, please follow the following 4 wearing and maintenance suggestions: (1) keep the device clean; (2) keep the device dry; (3) do not wear the device too tightly/ for too long in case of audio device with lower volume; (4) after long-time wearing, please take off the wristband and allow your wrist to rest for an hour. If you notice skin irritation, pain, tingling, numbness, burning or stiffness on your hand or wrist while or after wearing the device, please take off the device and stop using it. If the symptoms persist for more than 2~3 days after you take off the device, please consult your doctor.
Using the heart rate measurement function of NoiseFit: Health & Fitness products may pose risks to users with certain diseases. If you (1) have any medical condition or heart disease, (2) are taking any photosensitive drug, (3) suffer from epilepsy or are sensitive to flashes or hearing, (4) suffer from poor blood circulation and are prone to bruising, or (5) suffer from tendinitis, carpal tunnel syndrome or other musculoskeletal diseases, please consult your doctor before using NoiseFit: Health & Fitness products.
11. Sales and Payment
For the sales, return and warranty policies of NoiseFit: Health & Fitness Services, please consult visit our website in case purchased from gonoise.com or your dealer, distributor or other sales entities. You must accept the Agreement when placing an order. We may reject or restrict your order by any reason.
The virtual goods you purchase on NoiseFit: Health & Fitness are subject to one-time payment. We will not accept your return or refund request for any reason.
You agree that NoiseFit: Health & Fitness has the right to adjust the price of paid goods. After the new price takes effect, you will need to accept the new price when placing an order, but the products and services you have purchased before the price adjustment will not be affected. If you do not accept the new price, please stop placing new orders.
12. Feedback and Submission Policy
If you submit comments, suggestions or feedback to us, you agree that we can use, disclose, duplicate, distribute or utilize them in compliance with our Privacy Policy without offering you any compensation. We do not waive any right to use any suggestions or feedback that are previously known or developed by NoiseFit: Health & Fitness, or any similar or related suggestions or feedback obtained from sources other than you. Our feedback and submission policy is an integral part of the Agreement.
13. Reminders and Notifications
You may receive notifications, text messages, reminders, emails and other electronic communications during the use of NoiseFit: Health & Fitness Services. You agree to receive these communications. You can use “Account Settings” to control most of the communications from NoiseFit: Health & Fitness Services. We may need to send you certain communications, such as software update notifications. Any notifications, agreements, disclosures or other communications that we send to you electronically will meet any legal communication requirements, including the requirements for written communications.
14. Compliance with Indian and International Data Protection Laws
We are committed to complying with applicable data protection laws, including:
- The General Data Protection Regulation (GDPR) in the European Union,
- The California Consumer Privacy Act (CCPA) in the United States,
- The Health Insurance Portability and Accountability Act (HIPAA) in the United States, where applicable, for handling sensitive health information, and
- Relevant Indian laws, including the Information Technology Act, 2000, and the Sensitive Personal Data & Information (SPDI).
As we expand into new regions, we strive to ensure compliance with the laws and regulations of each territory where we operate.
Your Rights
- Under GDPR (EU): You may access, correct, delete, or restrict the processing of your personal data, object to specific uses, or request data portability.
- Under CCPA (US): California residents can request to know, delete, or opt out of the sale of their personal information without discrimination.
- Under HIPAA (US): If applicable, we protect your health information in compliance with HIPAA standards, ensuring confidentiality, integrity, and availability.
- In India: Your data will be handled in accordance with the Information Technology Act, 2000, and the Sensitive Personal Data & Information (SPDI), ensuring transparency, security, and your right to consent and access.
15. Exercising Your Rights
To exercise your rights, please contact us at support@gonoise.in . We will respond in accordance with the applicable laws of your region.
16. Third-party Services
Among NoiseFit: Health & Fitness Services, the online payment service is provided by a third party, and NoiseFit: Health & Fitness will only accept the order information fed back by such third party. Such order information complies with our Privacy Policy.
If the technology permits, you can choose to transfer your information to a third party, such as Strava, Google Fit or Apple Health. You can share your training records with other social APPs on your phone, such as Mail.
When we jointly offer some products and services together with our business partners and we share your personal information with such business partners, or where you have been referred to use our Products and Services by our business partners such as gyms and other B2B partners, we may share your data with them upon their request subject to informing you via email or separate consent prior to sharing data with them, in such cases we cannot control or delete your data that they have stored. You will need to contact them separately and such data will be governed in accordance with the privacy policy of these third-parties respectively.
Your personal data may be transferred to and processed in countries outside the European Economic Area (EEA) that may not have the same level of data protection laws as the EEA. We will take appropriate safeguards to ensure that your personal data is protected in accordance with the GDPR, such as standard contractual clauses approved by the European Commission.
Google Fit: “NoiseFit: Health & Fitness use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.”
Applehealth: “NoiseFit: Health & Fitness use and transfer to any other app of information received from Apple APIs will adhere to Apple Data Privacy policy, including the Limited Use requirements.”
NoiseFit: Health & Fitness Application may contain links to other websites. Nexxbase is not responsible for the privacy practices or the content of other websites or applications.
On our Application, we may have links to other websites/ applications or you are referred to our Application through a link from another website or Application. We cannot be responsible for the privacy policies and practices of other websites or applications. Such content is subject to their terms of use and any additional guidelines and privacy information provided in relation to that use on their website or application. We recommend that you check the policy of each website/application you visit to better understand your rights and obligations especially when you are submitting any type of content on those third party website/application. Please contact the owner or operator of such website/application if you have any concerns or questions.
In the case that you enter into an agreement with the third-party service provider regarding the corresponding service, NoiseFit: Health & Fitness is not a party to the agreement between you and such third party.
Any disputes caused by the use of third-party products or services through NoiseFit: Health & Fitness Services shall be settled by the third-party service provider, and NoiseFit: Health & Fitness shall not be liable for such disputes. NoiseFit: Health & Fitness will not provide any customer support for third-party software or technology. If you need support, please contact the third-party service provider.
17. Change of NoiseFit: Health & Fitness Services
NoiseFit: Health & Fitness may change or discontinue, whether temporarily or permanently, any function, component or content of NoiseFit: Health & Fitness Services at any time without any notice. NoiseFit: Health & Fitness shall not be held liable to you or any third party for any revision, suspension or discontinuation of any function, component or content of NoiseFit: Health & Fitness Services. We reserve the right to determine the time and contents of software update: NoiseFit: Health & Fitness may send you a software update reminder, and you can choose to download and install the updated software; the updated software may also be downloaded and installed automatically by your App Store without notifying you.
18. Data Retention & Deletion
At Nexxbase, safeguarding your data and respecting your privacy is paramount to us. We adhere to strict protocols regarding data retention and deletion to ensure compliance with relevant regulations and to uphold the integrity of your information.
We retain your data only for as long as necessary to provide you with our Products and Services or as required by law. Your information is stored solely for lawful purposes, with de-identified data potentially retained for research and statistical analysis purposes.
Upon closure of your User Account, we reserve the right to delete your data without incurring any liability. However, certain data may be retained if deemed necessary to prevent fraud, comply with legal obligations, or fulfill other legitimate purposes.
For users who opt to receive marketing communications, we maintain information about your preferences for a reasonable period, based on your last interaction with our content, Platform, Products, and Services.
Should you wish to request the deletion of your data from our systems, please reach out to us at dpo@nexxbase.com. We are committed to honoring such requests in accordance with applicable data protection laws. Please note that some data may be retained as required by law, for legitimate business purposes, or to fulfill contractual obligations. Additionally, anonymized or aggregated data may be retained for analytical and reporting purposes.
We will promptly notify you once your data deletion request has been processed. If any challenges or exceptional circumstances arise that may affect the processing timeframe, we will communicate these issues to you promptly and transparently. Your privacy and satisfaction are of utmost importance to us at Nexxbase.
19. Termination
We reserve the right to decide to suspend or discontinue your account or your use of all or part of NoiseFit: Health & Fitness Services or terminate these terms at any time without any liability. We will do our best to notify you before taking such actions.
You can request to 'close your account and delete your data' at any time by writing an email to us on feedback@nexxbase.com with subject line 'Account and data deletion'. The following data will be deleted as per the request:
1. Account information including all personal or demographic information.
2. All data generated or synced on the NoiseFit app.
3. All information related to paired devices and all respective data associated to specific user account. In case the Agreement is terminated, or NoiseFit: Health & Fitness Services are suspended, or your account is closed, the following provisions of the Agreement shall remain valid.
20. Disclaimer
NoiseFit: Health & Fitness Services are provided for your use only, not for any third party's use. You agree that NoiseFit: Health & Fitness and its affiliates, third parties, and sellers shall not be held liable for any losses caused by unauthorized use of NoiseFit: Health & Fitness Services.
NoiseFit: Health & Fitness Services are provided on an “as is” basis without any kind of guarantee. Without limiting the foregoing provisions, we expressly waive all express or implied warranties arising from or in connection with the Agreement or NoiseFit: Health & Fitness Services, including but not limited to any warranty of merchantability, fitness for a particular purposes or non-infringement, and any guarantee arising from trading habits or business practices.
We do not guarantee that NoiseFit: Health & Fitness Services will meet your requirements, or that no interruption, safety or failure will occur during the use of NoiseFit: Health & Fitness Services. We do not guarantee the quality, accuracy, timeliness, authenticity, completeness or reliability of NoiseFit: Health & Fitness Services or any NoiseFit: Health & Fitness Contents. NoiseFit: Health & Fitness Services may change over time, and may vary from place to place. For example, the update of the APP or software may cause changes to
NoiseFit: Health & Fitness Services, or cause the map to be unusable, inaccurate or incomplete. The use of NoiseFit: Health & Fitness Services should not replace your good judgment and common sense.
You expressly agree that NoiseFit: Health & Fitness will not provide medical advice through NoiseFit: Health & Fitness Services. The contents provided through NoiseFit: Health & Fitness Services cannot be used and should not be used to replace (a) the advice of your doctor or other medical professionals, (b) your going and seeing, or calling and consulting your doctor or other medical professionals, or (c) the information provided on any product package or label. If you have any health-related problem, please call your doctor or other medical professional for treatment. You should never ignore medical advice or delay seeking medical advice due to any content of NoiseFit: Health & Fitness Services, or use any content of NoiseFit: Health & Fitness Services to diagnose or treat your health problems. Spreading and receiving our contents in whole or in part via the Internet, email or other means will not constitute or establish a relationship of doctor, therapist or other health care professionals with patient between you and NoiseFit: Health & Fitness.
You expressly agree that your physical activities (including but not limited to biking, running or following the training program provided in NoiseFit: Health & Fitness Services) have certain inherent and significant risks of property loss, personal injury or death. You will voluntarily assume all the known and unknown risks associated with such activities, even if they are caused wholly or partly by any act, omission or neglect of NoiseFit: Health & Fitness or others.
We would like to clarify that our app only connects with consumer-grade wearable devices (such as fitness trackers and smartwatches) and not regulated medical devices. These wearables provide general wellness information such as activity tracking, heart rate, or blood oxygen levels, but they are not intended for medical diagnosis, treatment, or clinical use.Since these wearable devices are marketed and sold as non-medical consumer products, they do not require regulatory clearance from health authorities like the FDA or CE. Accordingly, our app serves as an extension to display or log data from these wearables for wellness purposes only.
21. Indemnity
For any claims, prosecutions, lawsuits, demands, disputes, appeals or investigations brought against NoiseFit: Health & Fitness by any third party, government agency or industry organization based on your following actions, and all liabilities, damages, losses, costs and expenses incurred therefrom, including but not limited to reasonable attorney fees, NoiseFit: Health & Fitness has the right to claim compensation from you and be held harmless by you: (1) your access to or use of NoiseFit: Health & Fitness Services; (2) your contents; (3) your violation or alleged violation of any of your warranties or the Agreement; or (4) your violation of any law or third-party rights.
Besides, we reserve the right to defend against third-party claims (you are responsible for compensation). In such case, you must cooperate with us to make any effective defense.
22. Limitation of Liability
For any incidental, special, punitive or indirect damage arising from or in connection with your use of the Agreement, or the use of or inability to use NoiseFit: Health & Fitness Services, including loss of profit, data loss, service interruption, computer damage, system failure or replacement service charges, NoiseFit: Health & Fitness, its suppliers or licensors, and any other parties participating in the creation, production or delivery of NoiseFit: Health & Fitness Services shall not be held liable, whether based on warranty, contract, tort (including negligence), product liability or other legal theories, and whether NoiseFit: Health & Fitness has ever been notified of the possibility of damage or not, even if the limited remedy provisions contained herein are deemed to have failed to achieve their necessary purpose.
In no event shall the total liability of NoiseFit: Health & Fitness arising from or in connection with the Agreement, or your use of or inability to use NoiseFit: Health & Fitness Services exceed the amount paid to NoiseFit: Health & Fitness by you for using NoiseFit: Health & Fitness Services.
The above-mentioned damage exclusion and limitation provisions are the fundamental basis for NoiseFit: Health & Fitness to make a deal with you.
In some jurisdictions, no exclusion or limitation of liability for indirect or incidental damage is allowed, so the above limitations may not apply to you.
23. Governing Law and Dispute Resolution
The validity and interpretation of the policy shall be governed by the laws of India. If there are no applicable laws or regulations, the international commercial practices and/or general commercial practices shall apply. The Policy as in Agreement has been signed in India/deemed to be signed if you are situated outside India.
Both the user and NoiseFit: Health & Fitness agree that all disputes arising from the Agreement shall be settled through negotiation. If the negotiation fails, either party may submit such dispute to New Delhi Court of International Arbitration for arbitration.
24. General Provisions
We will notify you before making major amendments to the policy t and give you the opportunity to view the revised terms. You can then decide whether to continue using NoiseFit: Health & Fitness Services or not. By continuing to use NoiseFit: Health & Fitness Services after the revision is released, you shall be deemed to have accepted the revised agreement.
If any provision of the Agreement is declared to be invalid or unenforceable by a court of competent jurisdiction for any reason, such provision shall be enforced to the maximum extent permitted, and the remaining provisions of the Agreement shall remain in full effect.
Any notifications or other communications provided by NoiseFit: Health & Fitness under the Agreement, including the notifications or communications regarding amendments to the Agreement, shall: (1) be delivered by email; or (2) be released on NoiseFit: Health & Fitness. Any notification delivered by email shall be deemed served on the date of receipt of the email.
If at any time you require us to cease processing your additional personal data (Your personal data collected for purposes other than providing basic services of our wearables technology), you may write to us (contact details at the bottom of the page). By following the appropriate directions, your record will be marked as “do not contact”, and you will no longer receive communications from Titan except the ones which are required for us to provide you the service Please note that we may need to retain certain personal data for as long as your account is active or as needed to provide you services, for recordkeeping purposes and/or to complete any undertaking that you began prior to requesting a change or deletion. There may also be residual information, which may be subject to a legal hold or subject to certain sectoral or regulatory retention requirements that will remain within our databases and other records, which will not be removed.
NoiseFit: Health & Fitness's failure to exercise any rights or provisions under the Agreement shall not be deemed a waiver of such rights or provisions. No waiver of such rights or provisions shall be considered effective unless made in writing and signed by a duly authorized representative of NoiseFit: Health & Fitness. Unless otherwise expressly provided in this Section, either party's exercise of its any remedy under the Agreement shall not affect its other remedies under the Agreement or elsewhere.
25. Applicability of Additional Provisions
Additional provisions may apply to specific products or services. If there is any conflict between these provisions and any additional provisions, the additional provisions shall prevail.
26. Community Guidelines
As per applicable regulation, the intermediary shall communicate its rules, regulations, privacy policy, and user agreement to users in English or any language specified in the Eighth Schedule to the Constitution, as per the user’s preference. Reasonable efforts must be made by the intermediary, as well as users of its computer resources, to ensure that no information is hosted, displayed, uploaded, modified, published, transmitted, stored, updated, or shared that:
a) Belongs to another person: Information to which the user has no legitimate rights.
b) Is obscene or harmful: Includes content that is obscene, pornographic, paedophilic, invasive of someone’s privacy (including bodily privacy), or insulting/harassing based on gender. It also includes content that is racially or ethnically offensive, promotes money laundering or gambling (or harmful online games), or incites violence by promoting enmity between religious or caste groups.
c) Harms children: Includes content that is detrimental to the safety or well-being of children.
d) Infringes intellectual property: Violates patents, trademarks, copyrights, or other proprietary rights.
e) Deceives or misleads: Communicates misinformation or false information knowingly, including content that deceives the recipient about the message's origin or is declared false or misleading by fact-checking units authorized by the Central Government.
f) Impersonates others: Includes content that falsely represents someone else.
g) Threatens national integrity: Threatens the unity, integrity, defense, security, or sovereignty of India; disrupts friendly relations with foreign states or public order; incites cognizable offenses; obstructs investigations; or insults other nations.
h) Contains harmful software: Includes software viruses or other malicious programs designed to interrupt, destroy, or limit the functionality of computer resources.
i) Promotes harm: Contains content that is patently false, misleading, or intended to harass or financially exploit individuals, entities, or agencies.
j) Violates gaming laws: Relates to online games that are not verified as permissible, or promotes or advertises non-permissible online games or intermediaries offering such games.
k) Violates existing laws: Contravenes any laws currently in force.
Explanation:
- “User harm” or “harm” refers to any effect that is detrimental to a user or child.
27. Contact Us
If you have any questions about the Agreement, please contact us.
E-mail: ecom@spectra.com.sg
Spectra Innovations Pte Ltd
217 Henderson Rd,
#03-10 Henderson Industrial Park,
Singapore 159555