Terms of Use Privacy Policy

This privacy policy governs your (“user”) use of the software application Isle of Miles (“Isle of Miles”, “Application”, or “the game”) that was created by Z Axis Labs, Inc.(“Company”, “our”, or “we”) for mobile devices. Isle of Milesis a mobile game where you build an island with the miles you walk or run.

Data Collection

Isle of Miles collects and stores the email ID provided byyou and that is the only personally identifiable information that is collected (unless you chose a screen name that can uniquely identify you). The email ID is not visible to the public or friends in the game. The primary purpose of the email ID is to recover the user’s previous data, for example, while changing phones. Isle of Milesdoes not have a user-specified password. If the user tries to access the account from a different phone, the Application sends a temporary password to the email ID provided during the account creation.

The Application also collects data related to the distance covered by the user from devices such as Apple Watch (through the Apple Health app), iPhone (through the Apple Health app) or Fitbit, depending on which device you chose to connect during the registration process. In the future, we might add support for additional devices and services.

The application also stores in-game data like the size and shape of the island, items placed on the island, and the number of in-game currency owned by the user.

In order to gain insights into the usage of our Application, we’ve integrated Firebase Analytics, a Google service. We get anonymous and aggregate data from that service, like the number of new users, the frequency of feature usage, countries where the Application is installed etc. We do not get data from Firebase on individual users. We do not share the information we collect, like your email, screen name or your exercise data with Firebase. Please refer to the Google Privacy Policy for details such as the types of cookies they use.

Data Sharing

The screen name you’ve specified could be seen by others playing the game. Your miles statistics (how many miles you’ve walked or run yesterday, last week etc.) that are associated with your island couldalso be visible to others. Unless you’ve chosen a personally identifiable screen name or shared your identity with your friends playing the game, your distance statistics will remain anonymous in the game.

The game sends notifications of your achievements to you within the game. If another player adds you to their leaderboard, they might also see some of your achievement notifications. For example, if your screen name is “xyz” and you’ve walked 10 miles yesterday, you may get a notification congratulating you and your follower might see a notification stating “xyz walked 10 miles yesterday”.We will only share notifications that we think are positive. The users who adds you to their leaderboard will be able to send you stickers. In the future we plan to add the capability for the user to customize their visibility.

We reserve the right to share anonymized game usage characteristics with select partners for learning purposes.

Data Storage

The data is stored locally on the phone and also on a server hosted on Amazon Web Services.

Data Usage

The data is used to give the users a great in-game experience.

We will use the email you’ve provided to send you a temporary password when you try to recover your account. We may use the email address you’ve provided to send you product announcements, product updates, or information about your account or Application usage.

We reserve the right to show you relevant ads based on Application usage and the game data.

We reserve the right to showcase the island you’ve created in the game on our website or promotional materials.

Data Retention and Deletion

Even after the data on the phone is cleared, the data on the server is retained for a limited time in case the user wants to recover the information. We intend to create an automated option for the users to permanently delete their information from the server, but in the meantime, users who wish to do so could send the request via email to support (at) zaxislabs.com and we will manually delete the data.

Future Changes

This privacy policy is our first and only privacy policy and it applies to the current version of the application. We may update this privacy policy to reflect changes to our data management policies. If the privacy policy is updated for any of the future versions of Isle of Miles with material changes, the users may be notified of the changes along with an Application update. The updated policy will also be available online for you to review. By continuing to access or use the Application after those changes become effective, you are agreeing to be bound by the revised policy.

Representative:

Roby Kurian

Founder and CEO, Z Axis Labs

Email: [CEO’s firstname] at zaxislabs.com.

Seattle, WA

Terms of Use

This document (“Agreement”) is a legally binding agreement between you and Z Axis Labs, Inc., a Delaware company (“Z Axis Labs”, “we” or “our”), that governs your use of the software application Isle of Miles (“Isle of Miles”, “Game”,“Service” or “Application”) that was created by Z Axis Labsfor mobile phones. Isle of Miles is a mobile game where you build an island with the miles you walk or run.

Intellectual Property

We retain our rights title and interest in Isle of Miles, and all that makes up Isle of Miles, including, without limitation, software, design, text, graphics, logos, patents, trademarks, service marks, copyrights (“our property”), and all intellectual property rights related to our property. Subject to this Agreement, we give you a non-exclusive, limited, non-transferable, freely revocable license to use Isle of Miles for your personal, noncommercial use only (aka you can’t resell Isle of Miles). We reserve all rights not expressly granted in this Agreement in Isle of Miles and our property. This Agreement do not provide you with any rights to use our trademarks, logos, domain names, or other brand features. Use of our property for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to give us feedback or ideas about Isle of Miles, including improvements (“ideas”). By submitting an idea, you agree that you’re doing it out of the goodness of your heart and not for financial gain or other recognition. We are free to use the idea or share it with others, or we may use a similar idea, developed by our employees or obtained from another source.

Privacy and Security

Please review our privacy policy for the details. Your privacy is extremely important to us – we care about the integrity and security of your personal information. We leverage the security mechanisms provided by Apple for iOS applications and we believe those are strong. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your information stored on your phone for improper purposes. You acknowledge that you provide your information at your own risk.

Software

To use the Application you must have a device that is compatible, so we cannot guarantee that the Application will work on your device. Your license to use the Application is automatically revoked if you violate this Agreement. You may not copy, modify, distribute, sell, or lease any part of Isle of Miles or included software, nor may you reverse engineer or attempt to extract the source code of that software (unless laws prohibit those restrictions).

Z Axis Labs has a right to allow Isle of Miles to utilize the processor, bandwidth, battery power, and storage hardware on your mobile device for the limited purpose of facilitating the communication, display, storage and transmission of data required for its operation.

App Updates: From time to time, we may issue upgraded versions of the Application. You agree that this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Application is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.

Your Account, Data, and Virtual Items

Regardless of what anything else says in this Agreement or our Privacy Policy, you do not own the account that you create on our Game, and your account is not your property. This also applies to other stuff, like in-Game currency or items, regardless of whether you “earned” those items in the Game or “purchased” them. Your account and the items related to the Application are owned by Z Axis Labs, except for your exercise data that was provided to Isle of Miles. Z Axis Labs gives you a limited license to use your account and the related items while we offer the Service.

We may delete your account if the account is used in a way that causes harm to our Service, including but not limited to denial of Service attack attempts, unauthorized access attempts,or other abuse. We may delete or terminate accounts that are inactive (i.e., not logged into) for 90 days. If you want us to delete your account, please contact us at the email, support [at] zaxislabs.com. (In the email mentioned, please remove the spaces and replace [at] with @.)

You are not allowed to transfer Virtual Items (virtual currency, coins, points, and other items in the Game) outside of the Game (i.e., in the “real world”), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell or attempt to sell in-Game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of the Game. Any such transfer or attempted transfer is prohibited and void, and we may terminate your account because of it.

The accuracy of the data collected and presented through Isle of Miles is not intended to match that of medical devices or scientific measurement devices. We depend on other services such as Apple Health and Fitbit to collect the activity data, mainly steps and distance covered by walking or running. The data is meant only as an approximate indication of your distance covered and not intended as a replacement of any health related services. You are responsible for preserving the data at the source and should not consider Isle of Miles as a replacement for a health data depository. By making your activity data available on or through Isle of Miles you grant to Z Axis Labs a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, and display your activity data only in connection with operating and providing the Isle of Miles service.

All Sales are Final

You acknowledge that Z Axis Labs is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when an account is closed, whether such closure was voluntary or involuntary.

Children Under 13

Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

Offensive Material

The characters in the Game interacts with you through dialogues. The intention of these dialogues is entertainment, but some users may find some of the dialogues offensive. If you come across any such material, please let us know by sending us an email at feedback [at] zaxislabs.com (without the spaces and replacing [at] with @).

Monitoring Use of Service and User Content

We have no obligation to monitor user content and we are not responsible for monitoring the Service for inappropriate or illegal user content or conduct by other users. That said, we have the right, in our sole discretion, to edit, refuse to post, or remove any user content.

We may also, at our discretion, choose to monitor and/or record your interaction with the Service or your communications with Z Axis Labs or other users (including without limitation chat text and voice communications) when you are using the Service.

We are not responsible for information, materials, products or services provided by other users (for instance, in their profiles). However, if someone is violating these terms or misusing the Service, please let us know by sending an email to support [at] zaxislabs.com. (In the email mentioned, please remove the spaces and replace [at] with @.)

Your Dealings With Other Users

You are responsible for your interactions with other users. If you have a problem with another user, we are not required to get involved, but we can if we desire.

If you have a dispute with another user, you release Z Axis Labs and its officers, directors, agents, subsidiaries, joint ventures, and employees, and all Z Axis Labs affiliates from responsibility, claims, demands and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use or data.

Modifying and Terminating Service

We are constantly changing and improving Isle of Miles. We may add or remove features, and while we’ll do our best to give you advance notice about any major changes, you understand that we may stop, suspend, or change Isle of Milesand related services at any time without prior notice.

Indemnity

You agree to indemnify and hold Z Axis Labs and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.

No Warranty

Isle of Miles is provided on an “as-is” and “as available” basis. Use of Isle of Miles is at your own risk. To the maximum extent permitted by applicable law, Isle of Miles is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Z Axis Labs and its licensors, do not warrant that the content is accurate, reliable or correct; that Isle of Miles will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that Isle of Miles is free of harmful components.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Z Axis Labs, its affiliates, officers, directors, employees or licensors be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of profits, business interruption, corruption of files, loss of business information, loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use Isle of Miles, even if you have advised Z Axis Labs about the possibility of such loss, and including any damages resulting therefrom.

Changes to These Terms

Z Axis Labs may make changes to this Agreement at its sole discretion. Changes will be communicated by us posting the new version of the Agreement on the Z Axis Labscompany or product websites or as otherwise determined by Z Axis Labs in its sole discretion and your acceptance of and / or continued use of Isle of Miles after such notification of changes to this Agreement will constitute your acceptance of such changes. You may also be asked to re-acknowledge and reaccept this Agreement following any material changes.

Arbitration

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Washington or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in mobile software applications and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.You and Z Axis Labs agree that each may bring claims against the other only in your or its individual capacity, and not as a class member or in any representative capacity or proceeding. Further, the arbitrator shall not consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding.

Third Party Software

This application makes use of the following third party libraries:

## Firebase. Copyright 2017 Google.

## FirebaseAnalytics. Copyright 2016 Google.

## FirebaseCore. Copyright 2016 Google.

## FirebaseCrash. Copyright 2016 Google.

## FirebaseInstanceID. Copyright 2016 Google.

## FirebaseMessaging. Copyright 2016 Google.

## GoogleInterchangeUtilities. Copyright 2016 Google.

## GoogleSymbolUtilities. Copyright 2016 Google.

## GoogleToolboxForMac

Apache License. Version 2.0, January 2004. http://www.apache.org/licenses/

## IAPHelper

The MIT License (MIT)

Copyright © 2014 IAPHelper<https://github.com/saturngod/IAPHelper>

“The software is provided “as is” and the author disclaims all warranties with regard to this software including all implied warranties of merchantability and fitness. In no event shall the author be liable for any special, direct, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this software.”

## RequestQueue.h

Version 1.5.4. Created by Nick Lockwood on 22/12/2011. Copyright (C) 2011 Charcoal Design.  Distributed under the permissive zlib License.

Representative:

Roby Kurian

Founder and CEO, Z Axis Labs

Email: [CEO’s first name] at zaxislabs.com.

Seattle, WA