Terms & Conditions | smartfitapps

Smart Fit Apps (Quantum Touch Limited) Terms and Conditions of Sale:

The "Self Build App" plan- entitle you to a free trial per that plan offer. Should you at end of free trial not subscribe to our service for your app, we reserve the right to restrict access to or delete your app and account if not in line with our policies and content standards.
The "We Build App" plan - all Apps will be developed as close to the specification and needs you submit to us within the capabilities of the Smart Fit Apps platform and within 3 mandays effort. If your specification is more complicated - requiring additional development time and effort - we will notify you of the extra man-days and costs related for you to review and decide if you wish to proceed. we reserve the right to restrict access to or delete your app and account if not in line with our policies and at our discretion content standards.
The Partner model, is where we work with selected parties to mutually fund or run services or investment model is possible. On this basis we lease an app host vessel with content severed from our App Platform CMS same as the we Build Plan terms but with added support and service rom Quantum Touch limited to drive the proposition in market as agreed on case by case basis. At no time does this arrangement entitle any partner to any IP, Brand, Platform or App hosts of Smart Fit Apps (Quantum Touch Limited) or any restrictive covenants. For anything else or above please seek a more direct contract and terms. We reserve the right to restrict access to or delete your app and account if not in line with our policies and at our discretion content standards. Should a partner model break down for any reason - Smart Fit Apps may extend its services to any end users as means of recouping any loss.
Funds are non-refundable. Development Fees are due in advance.
If you cancel your subscription or fail to pay invoices on time as they fall due- Smart Fit Apps reserves the right to restrict access to our Smart Fit Apps Platform and remove your App from being hosted on our our platforms and accounts. Additionally any delayed payments can result in the hosting centers suspending or deleting said service and back up data and Smart Fit Apps is not responsible in such event. It is the clients responsibility to ensure all payments for support and maintenance through annual or monthly subscriptions as appropriate are paid on time. The terms and conditions re storing, deleting or purging of services on any hosting centers are outside the control of Smart Fit Apps and thereby clients must be aware to pay their cost in time before such events. Smart Fit Apps cannot pay data hosting centers to host clients apps in advance on behalf of clients setting their own invoices and therefore bears no liability in instance of such events.
Any notice to cessation of service will be issued with 30 days notice to allow correction. At end of 30 days if issue has not been resolved- app may be deleted, or notified to the data controller re options to rectify.
Once App is delivered it is up to you to promote the App unless you procure some app marketing services.
You are responsible for all content within your App. By purchasing or choosing to build a Mobile App on our Smart Fit Apps platform- you agree that any content you have selected to include in your App that you have full rights and permissions for use. Should this be breached you agree that you will be responsible for any damages directly related to any third party who claims ownership of such content. Additionally should you need any enhancements to comply with any evolving GDPR needs, it your responsibility to request such to Smart Fit Apps (Quantum Touch Limited) to size efforts to propose change request costs to you to enhance or facilitate same.
Smart Fit Apps retains all ownership of its Brand, Platform, network services and app host vessel at all times.- all rights reserved.
Apps like websites or any IT service are vulnerable to outages either technical or other that may or may not be related to the Smart Fit Apps Platform. You agree that Smart Fit Apps is not responsible for any outages or service down time or liable for any losses incurred from such.
Any disputes will be settled with the Republic of Ireland legal system.
Any party that orders apps from Smart Fit Apps or either who in turn wholesales or resells apps from the Smart Fit Apps platform directly without support from Smart Fit Apps will be referred to as a SAAS Customer. This term only applies if that party offers content
This is a SAAS (Software as a Service) solution only. Any development fees, and hosting do not entitle ownership to any software’s or IP of the platform.
Unless a dedicated contract exists between separately between the SAAS Customer and Smart Fit Apps (A.K.A Quantum Touch Limited), these terms and conditions of sale and obligations of Terms and Privacy policy prevail absolutely.
In situations where a client wholesales or resells any apps from the Smart Fit Apps platform to any of its own customers, that client is then also responsible for enforcing its own contracts or terms and policies with those customers and indemnifies Smart Fit Apps from any legal or disputes with the clients own customers or users.
Smart Fit Apps (Quantum Touch Limited) is not restricted from selling any of its assets or company at any time.
Smart Fit Apps (Quantum Touch Limited) reserves the right to amend these terms at any time.
Smart Fit Apps (Quantum Touch Limited) extends no warranties or entitlements otherwise save clients that have agreed specific contacts.

Terms and Conditions & Privacy:

This Application collects some Personal Data from its Users.

Smart Fit Apps (Quantum Touch Limited) and Owner

Types of Data collected

Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Geographic position, Cookie and Usage Data. Other Personal Data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the Data collection. The Personal Data may be freely provided by the User, or collected automatically when using this Application. Any use of Cookies - or of other tracking tools - by this Application or by the owners of third-party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User. Failure to provide certain Personal Data may make it impossible for this Application to provide its services. The Client (i.e. the person or company that procures or builds an app on the Smart Fit Apps platform from Quantum Touch Limited) assumes responsibility for the Personal Data of third parties published or shared through this Application and declares to have the right to communicate or broadcast them, thus relieving the Smart Fit Apps (Quantum Touch Limited) of all responsibility.

Mode and place of processing the Data

Methods of processing

The Smart Fit Apps (Quantum Touch Limited) processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Smart Fit Apps (Quantum Touch Limited) , in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Smart Fit Apps (Quantum Touch Limited) at any time.

Place

The Data is processed at Smart Fit Apps (Quantum Touch Limited) 's operating offices and/or on its servers which may be hosted at a Data Hosting center within the EU compliant with Data Protection and GDPR rules. Some services may sit outside this and integrate to apps generated on the platform such as Facebook, YouTube or even the Clients own API’s or services and in such instance those services are hosted directly at that third party defined location per their Terms and Conditions/Privacy policies.

From time to time Smart Fit Apps may recruit and utilise IT personal and resources from countries elsewhere in the world and in those circumstances only test data is used.

For further information, please contact the Smart Fit Apps (Quantum Touch Limited).

Retention time

The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this policy and in line with GDPR, and in line with this the User can always request that the Smart Fit Apps (Quantum Touch Limited) suspend or remove the data also at any time.

The use of the collected Data

The Data concerning the User is collected to allow the Application to provide its services, as well as for the following purposes: Access to third party services' accounts, Location-based interactions, Content commenting and Interaction with external social networks and platforms. The Personal Data used for each purpose is outlined in the specific sections of this document.

Facebook permissions asked by this Application

This Application may ask some Facebook permissions allowing it to perform actions with the User's Facebook account and to retrieve information, including Personal Data, from it. For more information about the following permissions, refer to the Facebook permissions documentation and to the Facebook privacy policy. The permissions asked are the following:

Basic information

By default, this includes certain User’s Data such as id, name, picture, gender, and their locale. Certain connections of the User, such as the Friends, are also available. If the user has made more of their data public, more information will be available.

Provides access to the user's primary email address

Likes

Provides access to the list of all of the pages the user has liked.

Photos

Provides access to the photos the user has uploaded, and photos the user has been tagged in.

Publish App Activity

Allows the app to publish to the Open Graph using Built-in Actions, Achievements, Scores, or Custom Actions. The app can also publish other activity which is detailed in the Facebook's Publishing Permissions document.

Detailed information on the processing of Personal Data

Personal Data is collected for the following purposes and using the following services:

Access to third party services' accounts

These services allow this Application to access Data from your account on a third party service and perform actions with it. These services are not activated automatically, but require explicit authorization by the User.

Access to the Facebook account (This Application)
This service allows this Application to connect with the User's account on the Facebook social network, provided by Facebook Inc. Permissions asked: Checkins, Email, Likes, Photos and Publish App Activity. Place of processing : USA – Privacy Policy

Content commenting

Content commenting services allow Users to make and publish their comments on the contents of this Application. Depending on the settings chosen by the Owner, Users may also leave anonymous comments. If there is an email address among the Personal Data provided by the User, it may be used to send notifications of comments on the same content. Users are responsible for the content of their own comments. If a content commenting service provided by third parties is installed, it may still collect web traffic data for the pages where the comment service is installed, even when users do not use the content commenting service.

Facebook Comments (Facebook)
Facebook Comments is a content commenting service provided by Facebook Inc. enabling the User to leave comments and share them on the

Facebook platform. Personal Data collected: Cookie and Usage Data. Place of processing : USA – Privacy Policy

Interaction with external social networks and platforms

These services allow interaction with social networks or other external platforms directly from the pages of this Application. The interaction and information obtained by this Application are always subject to the User’s privacy settings for each social network. If a service enabling interaction with social networks is installed it may still collect traffic data for the pages where the service is installed, even when Users do not use it.

Facebook Like button and social widgets (Facebook)
The Facebook Like button and social widgets are services allowing interaction with the Facebook social network provided by Facebook Inc. Personal Data collected: Cookie and Usage Data. Place of processing : USA – Privacy Policy

Location-based interactions

Geolocation (This Application)
This Application may collect, use, and share User location Data in order to provide location-based services. Most browsers and devices provide tools to opt out from this feature by default. If explicit authorization has been provided, the User’s location data may be tracked by this Application.

Personal Data collected: Geographic position.

Additional information about Data collection and processing

Feature Registration or Forms:

Name, Age, Gender, Email, Phone Number or fields as requested and inserted by the client. The user opts in as these will be manual entry fields so user has discretion to provide these or not to be able to use stated service feature.

Additional information about Data collection and processing

Legal Action

The User's Personal Data may be used for legal purposes by the Smart Fit Apps (Quantum Touch Limited) , in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.

The User is aware of the fact that the Smart Fit Apps (Quantum Touch Limited) may be required to reveal personal data upon request of public authorities.

Additional information about User's Personal Data

In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal Data upon request.

System Logs and Maintenance

For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System Logs) or use for this purpose other Personal Data (such as IP Address).

Information not contained in this policy

More details concerning the collection or processing of Personal Data may be requested from the Smart Fit Apps (Quantum Touch Limited) at any time. Please see the contact information at the beginning of this document.

The rights of Users

Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Smart Fit Apps (Quantum Touch Limited) to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Smart Fit Apps (Quantum Touch Limited) at the contact information set out above.

To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies.

Changes to this privacy policy

The Smart Fit Apps (Quantum Touch Limited) reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request that the Smart Fit Apps (Quantum Touch Limited) erase the Personal Data. Unless stated otherwise, the then-current privacy policy applies to all Personal Data the Smart Fit Apps (Quantum Touch Limited) has about Users. Additionally no other terms can be inferred unless specifically agreed in a duel contract signed by both parties. The onus resides with any party to formalise any terms with Smart Fit Apps (Quantum Touch Limited) in advance of launching any service by way of signed written contract else no other obligations, terms or entitlements ensue.

Definitions and legal references

Personal Data (or Data)

Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.

Usage Data

Information collected automatically from this Application (or third party services employed in this Application ), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment.

User

The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refer.

Data Subject

The legal or natural person to whom the Personal Data refers to.

Data Controller, The data controller determines the purposes for which and the means by which personal data is processed. So, if your company/organisation decides ‘why’ and ‘how’ the personal data should be processed it is the data controller. Our Employees processing personal data do so to fulfil your tasks as data controller.

Data Processor (or Data Supervisor)

The natural person, legal person, public administration or any other body, association or organization authorized by the Smart Fit Apps (Quantum Touch Limited) to process the Personal Data in compliance with its privacy policy

Smart Fit Apps (Quantum Touch Limited) (or Platform Owner)

The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Smart Fit Apps (Quantum Touch Limited) , to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. Smart Fit Apps (Quantum Touch Limited) , unless otherwise specified, is the Platform Owner of this Application.

This Application

The hardware or software tool by which the Personal Data of the User is collected.

Small piece of data stored in the User's device.

Legal information

Notice to European Users: this privacy statement has been prepared in fulfilment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies. This privacy policy relates solely to this Application.

Extended policy concerning the application of the European GDPR.

In accordance with the obligations of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance)

Data processor

The SAAS Customer does not own any of the client data stored or processed via the service Smart Fit Apps (Quantum Touch Limited). This is a SAAS Service only and no right is implied or granted.

The SAAS Customer may add additional terms and conditions to its apps developed on Smart Fit Apps Platform but at no time will these additional terms and conditions supersede any pre-existing terms of Smart Fit Apps (quantum Touch Limited) in general.

There is an obligation on the SAAS Customer to add any additional terms and conditions in any situation where the SAAS Customer has integrated any functionality or data from the SAAS Customers own servers and the onus and responsibility lies with the SAAS Customer to clarity and ensure all terms are data compliant and correct and represented to their end users correctly. Smart Fit Apps (Quantum Touch Limited) will be indemnified by the SAAS Customer for any additional functionalities it integrates directly to the Smart Fit Apps Platform or related Apps.

Your choices

Access, Correction, Deletion

We respect your privacy rights and provide you with reasonable access to the Personal Data that you may have provided through your use of the Services.

If you wish to access or amend any other Personal Data we hold about you or to request that we delete any information about you that we have obtained from an Integrated Service, you may contact us.

At your request we will have any reference to you deleted or blocked in our database.

You may update, correct, or delete your Account information and preferences at any time by accessing your Account settings page on the Service.

Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytic, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

You may decline to share certain personal data with us, in which case we may not be able to provide to you some of the features and functionality of the Service.

At any time, you may object to the processing of your personal data, on legitimate grounds except if otherwise permitted by applicable law.

Intended use of personal data

Unless you want to use advanced features in applications, we do not require any form of registration, allowing you to use the application without telling us who you are.

However, some services do require you to provide us with personal data.

In these situations, if you choose to withhold any personal data request by us, it may not be possible for you to gain access to certain parts of the application and for us to respond to your query.

Termination:

In event that you terminate services with us, all obligation to host your app on our platforms ceases. If you request us to transfer app to any other provider we may do so at our discretion and if technical costs are covered. Contact us if you wish to understand more at any time.

How we use the information we collect

We use the information that we collect in a variety of ways in providing the service and operating our business.

Including the following operations:
- Maintain, enhance and provide all features of the service, to provide the services and information that you request,
to respond to comments and questions and to provide support to users of the service we process client data solely in accordance with the directions provided by the applicable client or user improvements.
- We may use a visitor or user email address or other information other than client data to contact that visitor or user for administrative purposes such as customer service,
to address intellectual property infringement, right of privacy violations or defamation issues related to the client data or personal data posted on the service.

For additional terms and privacy policies please see respective apps terms that may be included by any client to represent to their end users as they have onus to update as Data Controller using our App Platform CMS.