Licence to use the software
By using the Application, You agree to be bound by the terms of this software licence.
You agree that NGM owns the intellectual property rights and/or holds the rights to all of the elements of the Application, including its source and object code, texts, images, graphics, logo, icons, sounds, software and particularly the brand ‘NGM’.
NGM grants You a transferable licence covering these elements, limited to the private and personal use of the Application for the purposes defined by NGM, excluding any commercial or advertising use. Any change, publication or adaptation of any or part of these elements, whatever the means or procedure used, is prohibited, without the prior written consent of NGM. In particular, You agree that all of the elements comprising the Application, especially its code, comprise key manufacturing secrets of NGM and/or of its suppliers. Therefore, You agree not to decompile, disassemble, modify, reverse engineer or transcribe the Application’s source code into a readable human language, or create works derived thereof.
We remind You that the use, reproduction or representation of brands, logos, designs, models, literary, musical, audiovisual, photographic works and any material protected by intellectual property rights without permission of its author or its owner is constitutive of an infringement offence.
Third party services
The Application may include links or references to content or services operated by third parties for which NGM is not liable. The display of links to third party services by the Application does not mean that NGM approves of them or controls their content. If You decide to exit the Application and access these third party services, You do it at your own risk.
You are responsible for paying any fees or expenses related to downloading and using the Application, including the fees billed by the mobile network operator for using the network and sharing data. Consult your operator for more information.
Liability and warranty
The Application is provided as is without warranty of any kind, including merchantability or fitness for a particular purpose.
NGM cannot guarantee and does not promise any specific outcome related to the use of the Application. NGM does not guarantee that the Application will work without interruption or that it is free of errors, risk of data loss, or that its defects will be corrected.
NGM does not guarantee the compatibility of the Application with other applications, operating systems or devices than those recommended by NGM.
NGM reserves the right to amend any content of the Application at any time without prior notice.
Except for personal injury, NGM is not liable for any business interruption and/or consequential damage such as loss of use, data, operations, profits, business, revenue, goodwill, anticipated savings, reputation and, more generally, economic or financial loss or shortfall, that they are considered indirect or as a direct result of the event giving rise to the claim for compensation. Also, NGM’s overall liability in respect of You, whatever the basis and nature of the action, may not in any way be more than the sum than You paid for the Application.
These restrictions and exclusions from liability are applicable only insofar as permitted by applicable legislation, which frequently provides that they shall not apply to consumers (individuals).
Precautions and usage tips
You will be required to wear a connected NGM Fit Watch or NGM Fit Band if you wish to make use of all of the Application’s features.
Do not look at Your notifications or any other information displayed on Your Smartphone’s screen while driving or in any other situation where distractions may put You in danger. Be always aware of Your surroundings while exercising.
The data collected and displayed by the Application are not medical in nature. They must not be used to prevent, diagnose, monitor or treat an injury or a disease. Indeed, notwithstanding NGM’s effort to make these data as accurate and reliable as possible, restrictions inherent to the technologies used are likely to make them inaccurate in some circumstances (biological features of the user, intensity of the activity, etc.). NGM recommends consulting with a health professional before starting a new or changed exercise programme with the assistance of the Application, especially if You suffer from a disease or a heart condition.
The purpose of this policy (the ‘Policy’) is to inform users of the NGM FIT application (the ‘Application’) of the specific methods for processing their personal data and related rights used by NGM srl, Italian company with its head office located at via Paola Antonelli Piaggio 56020 Loc. Capanne – Montopoli in Val d’Arno (PI) Italy (‘NGM’).
Scope of application
The Policy refers only to the use of the Application to the exclusion of the other NGM and third party applications and services to which the Application may make reference or allow access. NGM is not entitled to review these third party applications nor does it have any control over the manner in which they respect privacy and process the personal data of their users. The personal data that visitors choose to provide to third parties or which are collected by them are not covered by this Policy.
Identity of the person in charge of processing personal data
The Application collects and processes your data under the supervision of NGM.
Personal data collected
The Application collects and processes automatically, due to user actions, the following data (the ‘Data’):
-Number of steps and distance travelled
-Activity goals (number of steps and sleep duration)
The Application does not collect or process the following data:
-Surname, first name
-Mailing address, electronic address or telephone number
-Use, access and transfers
The Data are intended only for personal use. They are not consulted and processed by anyone else, not even by NGM.
Also, NGM intended them to be registered and stored only on the memory of the smartphone on which you installed the Application and on the memory of the devices compatible with the Application, as for example the NGM Fit Watch and NGM Fit Band.
Protection of children’s privacy
The Application is not intended for minors. Nonetheless, access to the Application is not restricted to adults since it has no prohibited content for those under 18.