Welcome to TGOMA

tgoma - Terms of Use

Version 2.2 - Last updated August 18th, 2016

Welcome to tgoma, the hardware & software system that enables you to Take Games Outside and Make them Active. tgoma turns your trampoline into an interactive experience that brings together the best of fun, activity, and technology.

tgoma and its websites, its store and other applications are operated by tgoma Inc (we, our or us). Your use of the tgoma equipment, applications, stores and related websites, and applications and games purchased through the tgoma application, (together, the Apps) is governed by these Terms of Use.

If you are under the age of 18, you must obtain your parent's or guardian's permission prior to agreeing to these Terms of Use, registering with any App or providing us with any information.

You must not access any App if you are a person who is either barred or legally prohibited from receiving or using any App under the laws of the country in which you are resident or from which you access or use any App.

Account Types

In order to use the Apps, you will need to create an account. Users of the Apps have the ability to create two types of account. These are:

1. Guest Account

Anyone can use the Apps using a Guest Account, and using a Guest Account does not require the submission of any identifying personal information. If you can use tgoma as guest you will not be able to participate in events and competitions, and your game scores will not appear in leaderboards.

2. Family Account

The Family Account is the master account under which individual player accounts (user accounts) are created. You can log into your Family Account on any device, and on multiple devices. Should your tablet get damaged or stolen, your Family Account data is not lost, you simply log in to another device and your scores and settings will remain as they were previously.

tgoma provides the opportunity to compete in regional and global events and competitions. To enable you to do this we ask the Family Account holder to select a country and region, which will apply to all users within that Family Account.

To create a Family Account you will need to provide:

  • Account Name. You may use a nickname rather than your family name if you prefer, as a further level of your privacy. User names must be between 1 and 10 characters long.
  • Email address. You will receive an email verifying your account creation. Requests for password reset will go to this email.
  • Password. To log in to your account on any tablet, to edit your account details or to purchase Tokens to download Apps, a password is required. Your password is encrypted and cannot be viewed by us.
  • Country and Region/State. This allows you to participate in country-specific events and competitions, and will present a country flag beside player names in the leaderboards. We do NOT ask for addresses or any information that identifies specific user location (beyond country and region). Google Analytics does read geo-location data. You may select ‘Other’ if you do not want your country and region/state identified.

3. User Account

After a Family Account has been created, individual User Accounts can be added.

To create a User Account you will provide:

  • A user name. You may use a nickname rather than your actual name if you prefer, as a further level of your privacy. User names must be between 1 and 10 characters long. Children under the age of 13 must enter a nickname rather than their real name, for privacy reasons.
  • User weight. This is used to calculate calorie burn in FreeBounce, TgomaFit, Goal progress, and JumpTracker.
  • An email address. Children under 13 years of age must provide his or her parent or guardian's email address. Users 13 or older can provide their own email address. If the parent's email address for an under 13 year old account is different than the email used to create the Family Account, that User Account will remain ‘pending’ (ie will not become an online account) until the User Account is verified from the parent's email address provided.

You agree that you will not choose inappropriate or offensive account names or user names. We reserve the right to reject or remove any account name or user name that we consider, in our sole discretion, to be inappropriate or offensive.

Legal Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPS AND ALL OTHER PRODUCTS PROVIDED BY US OR THROUGH ANY OF THE APPS (EACH A PRODUCT) ARE PROVIDED “AS IS” AS "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ANY WARRANTY THAT USE OF THE PRODUCT WILL BE SAFE OR THAT ANY PRODUCT WILL OPERATE AT ANY PARTICULAR TIME OR IN ANY PARTICULAR CIRCUMSTANCES. IN NO EVENT SHALL WE, THE AUTHORS OR COPYRIGHT HOLDERS IN RELATION TO ANY PRODUCT BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY AND WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH ANY APP OR ANY OTHER PRODUCT OR THE USE OR OTHER DEALINGS IN THE APPS OR ANY OTHER PRODUCTS, INCLUDING ANY PERSONAL INJURY OR DEATH OR ANY DAMAGE TO ANY PROPERTY, INCLUDING ANY DEVICE USED TO RUN ANY APP OR PRODUCT, , WHETHER OR NOT WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

IF, FOR ANY REASON, WE ARE HELD TO BE LIABLE TO YOU, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY TO YOU UNDER ALL CLAIM OR CLAIMS OF WHATEVER NATURE ARISING DIRECTLY OR INDIRECTLY FROM OUR PROVISION OF THE ANY PRODUCT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE RELEVANT PRODUCT.

Use of account

If you use the Apps, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account, including, if you create a Family Account, all activities that occur under any User Account associated with that Family Account.

Purchases

In order to make purchases within the Apps, you will need to purchase Tokens. Tokens may be purchased through certain third party stores, such as the iTunes Store and the Google Play Store. You will need an existing account with the relevant third party store in order to purchase Tokens.

Once you have purchased Tokens through a third party store, the Tokens purchased will appear in your account details within the main App. You may then use the Tokens to purchase Products (which include data files, Apps, written text and other items for sale within the Apps) from within the Tgoma store.

The price for any Product will be the price in Tokens displayed in the main App from time to time. We reserve the right to change the price of any Product at any time prior to purchase of the Product being completed. You are responsible for any taxes that are payable on or in relation to the purchase of any Product. You must pay for the Product without any reduction for any taxes.

The availability of Products may vary from country to country and from time to time. We may withdraw a Product from the Tgoma store at any time.

Purchases using Tokens require the Family Account password to be entered.

When you purchase Products, you will buy them either:

  • from us, in cases where the Product originates from us (a Direct Sale);or
  • from the provider of the Product you have purchased, in cases where the Product does not originate from us (Indirect Sale).

Each time you purchase a Product, you enter into a separate contract either with us, in the case of a Direct Sale, or with the provider of the Product you have purchased, in the case of an Indirect Sale. In either case, these Terms of Use apply to your use of the Product.

All sales are final, and to the fullest extent permitted by law no returns, replacements or refunds are permitted unless required by the app stores. If a replacement, refund or return is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Product that you acquired through the transaction.

We are not responsible for any Product for sale within the App where that Product does not originate from us.

Use of Products

You agree that you will only use the Apps and any other Product on or in connection with equipment provided or approved by us.

You agree to only use the tgoma equipment purchased by you with Products purchased through the tgoma store, and not to use it in conjunction with games or applications purchased or downloaded from any other store, website or application.

To use any App, you will need a computer or other electronic device, and software, that meets the system and compatibility requirements for the particular App, which may change from time to time. Such system and other requirements are your responsibility.

You may be required to download updates and upgrades to the Apps the from time to time. If you fail to download such updates or upgrades, your ability to use the Apps may be reduced or you may no longer be able to access the Apps.

License to use Products

Following payment of the applicable fees for a Product, and once the Product has been made available to you, you will have the non-exclusive right, for as long as we and the provider of the Product have the right to provide you that Product, to download the applicable Product to your devices and to view, use and display the Product on your devices for your personal, non-commercial use only. All other rights, title and interest in the Apps and any other Products not expressly granted to you in the Terms of Use are reserved by us and our licensors.

You acknowledge that (a) the Products contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) we and/or third parties own all right, title and interest in and to the Products, including without limitation all Intellectual Property Rights in and to the Products. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

If you violate any of the terms and conditions set out in the Terms of Use, your rights under this licence will immediately terminate and we may terminate your access to the Apps or any other Product without further notice and without any refund to you.

You may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sub-license, transfer or assign Products or your rights to Products to any third party without our written authorisation, including with regards to any downloads of Products that you may obtain through any App. You may not use Products as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution.

You may not attempt to, nor assist, authorise or encourage others to, circumvent, disable or defeat any of the security features or components that protect or otherwise restrict access to any Product or reverse engineer, decompile, disassemble or otherwise try to derive the source code of any Product. You may not remove any watermarks, labels or other legal or proprietary notices included in any Product, and you may not attempt to modify any Product, including any modification for the purpose of disguising or changing any indications of the ownership or source of a Product.

Issues with Products

If you have an issue with any Product that you purchase through the Apps, we request that you contact us in the first instance. If the Product has not been provided by us, we may put you in contact with the provider of the Product in order for them to resolve the issue.

Collection of information

In order to use the Apps, you may need to provide us with certain information. The information collected and how we will use that information is set out in our Privacy Policy, which can be found here.

Changes to these Terms of Use

We may make changes to the Terms of Use from time to time. If these Terms of Use change, the new Terms of Use will be posted on our website and you will be notified by email of the new Terms of Use. The new Terms of Use will apply to any purchases of Products or use of the Apps after the new Terms of Use are posted on our website.

If you do not wish to accept the amended Terms of Use, you should delete the App from your device.

Governing law

These Terms of Use are governed by the laws of New Zealand, without regard to its conflict of laws provisions, and you agree that all disputes concerning these Terms of Use will be resolved before the courts of New Zealand. You agree that you many not bring any class action against us in relation to any Product, the Apps or otherwise in connection with these Terms of Use.

tgoma Privacy Policy

Tgoma and its websites, games and other applications are operated by Tgoma Inc (we, our or us). Tgoma believes that your privacy is very important. This Privacy Policy (the Policy) outlines the types of information that we will collect from you through the various games, applications and websites we provide or that are provided through the Tgoma application (Apps), and how we will use and when we might disclose such information and data to third parties. Your installation and use of the Apps and submission of information to us constitute your consent to this Privacy Policy. This Privacy Policy is effective as of [1st January 2016] and was last modified on [1st January 2016].

Tgoma turns your trampoline into an interactive experience that brings together the best of fun, activity, and technology. By entering basic details into the Apps we can provide you information that is meaningful to you, such as how many calories you’re burning while jumping, or the number of jumps you’ve done in the past month, or how your scores compare to other jumpers.

We strive to comply with the Children's Online Privacy Protection Act (COPPA), a U.S. law that governs the use and collection of information online from kids under 13. To learn more about this law, and about how to protect your kids on interactive online websites make use of the appropriate online resources for your region.

Information we collect


There are two types of information that we collect:

1. Personal Information: Personal information is information or data that, on its own, can be used to identify you or contact you (for example the email address that you submit to us if you create a Family Account or a User Account).

2. Non-Personal Information: Non-Personal Information is information and data that cannot, on its own, be used to identify or contact you.

Personal Information

We only collect Personal Information from you if you create a Family Account or a User Account. If you use the Apps through a Guest Account, we will not collect any Personal Information from you.

The only Personal Information that we collect from you is information that you submit to us through the Apps. This includes the email address that you use to create a Family Account or a User Account, the name that you give that Account (although you can use a nickname rather than your real name to protect your privacy), the country and region/state that you are in, user weight, and any other information that you submit to us or through the Apps.

You represent and warrant that all Personal Information you provide us is true and correct and relates to you and not to any other person.

Non-Personal Information

We collect a range of Non-Personal Information about all users of the Apps. This information includes:

  • your computer's or other device's IP address;
  • your mobile phone's unique device ID or other persistent identifiers of your computer or other devices;
  • geolocation information;
  • your device's software platform and firmware and the type of browser you use;
  • the date and time of your use of the Apps;
  • the actions you take within the Apps, your game progress, play time, score and achievement.

We use Raygun for crash reporting and Google Analytics for metrics.

Use of the Personal Information and Non-Personal Information

We may use your Personal Information to:

  • provide you with any goods, services, or functionality you've requested or respond to any inquiries you've made;
  • contact you to market and promote our Apps and other products and services, contests and any specials we may offer, including any made in conjunction with our partners;
  • determine the jurisdiction in which you're located so we can determine what set of laws apply to you; and
  • send push notifications to your device.

In the event that we email you advertising or marketing materials, we will provide you with the opportunity to opt-out of receiving such materials in the future.

We may use Non-Personal Information collected by us:

  • for administrative, marketing, analytical, research, optimization and security purposes;
  • to help us learn more about your gaming activities and to compile statistics;
  • to respond to customer service inquiries, provide security;
  • to determine the jurisdiction in which you're located so we can determine what set of laws apply to you;
  • to send push notifications to your device; and
  • to otherwise enhance your and others' gaming experiences.

Cookies

We do not use cookies.

Disclosure of the Personal Information and Non-Personal Information

We are a global company with offices and entities around the world. We may transfer your Personal Information and Non-Personal Information to our other entities, but such information shall continue to be governed by this Policy.

Personal information and Non-Personal Information may uploaded to and kept on servers that we maintain or that are maintained by third parties, which may be located anywhere in the world.

Except as set out in this Policy, we will not transfer your Personal Information internationally except where a copy is sent to you at your request. Data held on the cloud may be transferred or load-balanced over multiple third party servers.

We will not sell, rent or transfer your Personal Information to third parties, except in accordance with this Policy.

We may disclose your Personal Information or other information collected or held by us relating to you:

  • for the purposes set out in this Policy;
  • as permitted by the applicable privacy laws;
  • if required by law or court order;
  • if the information relates to actual or threatened harmful conduct;
  • as required to investigate and/or take action against illegal activity, suspected abuse or unauthorized use of the Apps;
  • to protect the property or safety of others;
  • to provide you with special offers we may make or make in conjunction with a partner;
  • in connection with any sale of our company or business or any part of our business (including the assets or any part of the assets).

Your rights and obligations

We ask that you keep the Personal Information that you provide to us current and that you correct any information you have provided us by editing and updating your account details within the Apps.

If you wish to opt out of further communications from us, or if you wish to review, delete or request the correction of the Personal Information we have stored about you, please contact us with your specific request at privacy@tgoma.com. We reserve the right to retain an archive of your Personal Information for a commercially reasonable time to ensure that its deletion does not affect the integrity of our data and we further reserve the right to retain an anonymous version of such information indefinitely.

Partnerships and external sources

Our Apps may link to external sites that are outside our control. This Policy covers only the way we treat the Personal Information and Non-Personal Information that we collect. By accessing any external sites, you are agreeing to the privacy policies of those sites. Please understand that the external sites may have different policies with respect to the collection, use and disclosure of your Personal Information. We have no control over and are not responsible for the privacy practices of such third parties. Therefore, you are encouraged to review the privacy policies of all third-party websites or applications. Without limiting anything in the following section, we are not liable in any way for the actions, inactions or policies of any external websites or applications or any third parties.

Children

While the Apps may be visited and/or played by children, we do not knowingly collect or use any Personal Information from children under the age of 13 and hereby specifically prohibit any user under the age of 13 from providing us with any Personal Information. If you are a parent of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at privacy@tgoma.com and we will delete the information from our system.

We may collect a device ID or other persistent identifier linked to the device or computer that may be used by a child to use our Apps. The data collected will be anonymous and not tied to any Personal Information.

More privacy information

For more information on privacy legislation and guidelines in your local jurisdiction please contact your relevant local authorities.

  • Australia: www.privacy.gov.au
  • Canada: www.privcom.gc.ca
  • European Union: http://ec.europa.eu/justice/data-protection/
  • New Zealand: www.privacy.org.nz
  • United Kingdom: www.ico.gov.uk
  • USA: www.ftc.gov

Changes

We reserve the right to change this Policy at any time. In the event we make changes to this Policy, such policy will be re-posted in the "Privacy" section of our Apps with the date such modifications were made indicated on the top of the page. Therefore, please review this Policy from time to time so that you are aware when any changes are made to this Policy. Your continued use of the Apps after such change constitutes your acceptance of any such change(s), and if you do not accept any changes, you may choose not to use the Apps.

Apps Security

It is entirely your choice whether or not you provide Personal Information to us. We and/or our third-party partners have put in place physical, electronic, and managerial procedures to attempt to safeguard and help prevent unauthorized access, maintain data security, and correctly use the Personal Information collected through the Apps. We take reasonable precautions to protect our customers' Personal Information against loss, misuse, unauthorized disclosure, alteration or destruction. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information that you transmit to us or from us, and you do so at your own risk.

When we use third parties to assist us in processing your Personal Information we take reasonable steps to require that they comply with this Policy and otherwise protect your Personal Information.

If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at privacy@tgoma.com.

Contacting us

Please address all requests and questions about this Privacy Policy to the Privacy and Data Protection Officer using the email address privacy@tgoma.com.