- EVŌ does not and will not sell user information, health or tracker data.
- All data is securely captured and stored to ensure user privacy.
- No purchase necessary to download EVŌ or participate in our competitions.
- Competitions are open to the public. Simply download and register EVŌ to participate.
Thank you for registering to use EVŌ, a mobile wellness application provided by Big Cloud Analytics, Inc. (“BCA” or “We” or “Us”). We appreciate the privilege of helping you achieve the goals of your personalized wellness journey.
Your wellness is very important to us and every care has been taken to bring the best Application and Content to help you achieve your wellness goals. Nothing contained in or delivered by EVŌ (including data collected from EVŌ-paired wearable devices, smart phones, wellness insights and/or Content) is intended to diagnose, treat or cure any known condition or disease, and EVŌ should not be considered or used as a substitute for medical advice, diagnosis or treatment. Further, Content delivered by the EVŌ mobile application, associated data collected from EVŌ-paired wearable devices and smart phones is not intended to and, does not constitute the practice or delivery of any medical, nursing, or other healthcare diagnosis, treatment or advice. None of the services or products offered in the EVŌ Platform are represented or warranted by BCA, Content providers, EVŌ-Paired Device manufacturers as being appropriate or effective for you. By using EVŌ, you agree that BCA, Content providers, and EVŌ-Paired Device manufacturers will not, in any circumstance, be liable for any injury, loss, damages, claims or expenses you sustain or incur as a direct or indirect result of using EVŌ.
Intended for Users 18 Years of Age and Older
EVŌ is intended for use by individuals that are 18 years of age or older and is not designed for direct use by minors (under the age of 18). Use of EVŌ by minors requires the assistance of a parent or guardian.
Intellectual Property Rights
Trademarks, copyrights and trade secrets remain the property of BCA, associated 3rd party Content provider and/or EVŌ-Paired Device manufacturers.
Upon enrolling, BCA grants you a limited license to use EVŌ for personal (non-commercial) purposes. The intellectual property rights in and to EVŌ software, Content, data collection and data analysis methodologies remain the sole property of BCA, 3rd party Content providers and/or the applicable manufacturer(s) of EVŌ-Paired wearable devices and smart phones from which your data is collected. These intellectual property rights are protected under the United States of America copyright, patent and trademark laws and international copyright treaties.
You agree that you will not (a) attempt to decompile, disassemble, modify, reverse assemble, reverse engineer, or reduce to human readable form the Software or any part thereof or create any derivative works based on EVŌ or, of EVŌ-Paired Devices from which your wellness data are collected, nor (b) copy, reproduce, republish, upload, post display, transmit or frame any insights or Content provided to you by EVŌ for commercial use without the written consent of copyright owners. You may view, download, display and print a single copy of insights and Content for your personal (non-commercial) use, so long as you do not modify such insights or Content in any manner and you include all appropriate notices and disclaimers (including copyright notices). You agree not to export or re-export EVŌ or any portion of the software, hardware or Content thereof to any country in violation of the export control laws of the United States of America or the export control laws of any other applicable country.
EVŌ is available for download on Android phone and iPhone users only.
Links to external websites
BCA may include links to websites of others (“Third Party Sites”). Such links are made available solely for your convenience in accessing those Third Party Sites and for no other purpose. By using EVŌ, you agree that BCA is not responsible for your use of Third Party Sites.
You agree to indemnify BCA against any damages, losses, liabilities, judgments, costs or expenses (including reasonable legal fees/costs) arising from a claim by a third party relating to materials you have posted or other actions taken by you on EVŌ.
LIMITATION OF LIABILITY
THE USE OF EVŌ IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL BCA, ITS 3RD PARTY CONTENT PROVIDERS OR EVŌ-PAIRED DEVICE MANUFACTURERS FROM WHICH DATA IS COLLECTED BY BCA BE LIABLE FOR ANY DIRECT, INDIRECT, INDICENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILTIES ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OF EVŌ OR OTHER BCA PRODUCTS OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH EVŌ (OTHER THAN POTENTIAL WARRANTIES PROVIDED BY EVŌ-PAIRED DEVICE MANUFACTURERS WITH REGARD TO THEIR DEVICES) IS TO STOP USING THE SERVICE.
You agree that any dispute or claim related to the use of EVŌ is governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to conflict of law principles of other jurisdictions.
Things You Cannot Do with EVŌ and Enforcement Rights
BCA reserves the right to suspend or discontinue your use of EVŌ if, in its sole discretion, determines that you have:
- Uploaded any information or content that may infringe or violate the rights of any party,
- Used EVŌ for any purpose that may violate local, state/province, national or international laws or regulations,
- Used EVŌ to distribute any advertising or unsolicited material to any third party,
- Used EVŌ to post or transmit any unlawful, obscene, defamatory, threatening,
harassing, abusive, slanderous, hateful or embarrassing content to any other person or entity,
- Attempted to access other users’ accounts or gaining access to the software and/or data of other users,
- Attempted to decompile, disassemble, modify, reverse assemble, reverse engineer, or reduce to human readable form the Software or any part thereof or create any derivative works based on the EVŌ or of EVŌ-Paired Devices,
- Attempted to copy, reproduce, republish, upload, post display, transmit or frame any insights or Content provided to you by EVŌ for commercial use without the written consent of copyright owners for other than non-commercial use, or
- Violated any other term or condition herein, which you have agreed upon enrollment and use of EVŌ.
Additionally, BCA reserves the right to contact legal authorities to assure that other user’s data and intellectual property rights are protected from harm.
Data Collection, Data Privacy, and Confidentiality
EVŌ is designed to use data entered by you and data collected from EVŌ-Paired Devices (e.g. fitness wearables, glucometers, weight scales, blood pressure cuffs, etc.). BCA may collect data directly from these EVŌ-Paired Devices, or data from these devices may be collected by their respective manufacturer and forwarded to BCA via application data interfaces (API or other applicable interfaces) provided by the manufacturer.
Your Data Privacy is important to us
We respect your privacy and confidentiality. Every reasonable step (including anonymizing and tokenizing data where appropriate) has been taken to ensure that the personally identifiable information collected through EVŌ directly from you and/or from EVŌ-Paired Devices will remain confidential while maintained by BCA. Additionally, BCA adheres with data privacy laws in all required localities.
Historical Data Collection
In order to better assess and establish your EVŌ activity goals, EVŌ may collect historical data from your authorized device(s).
iPhone Users: If you select and permission Apple HealthKit as your data source, you will be prompted to authorize and select the historical data you wish to share with EVŌ.
All Other Devices & Data Sources: If you select and permission your phone or fitness tracker in EVŌ, we may collect historical data for the authorized account.
Consents and Acknowledgments
By enrolling to use EVŌ you approve the collection, use, sharing, and disclosure of your information by BCA, EVŌ-Paired Device manufacturers and EVŌ-partner service providers as reasonably necessary to make EVŌ available for your use. This information includes, but is not limited to, (a) collection of certain personal information (e.g. name, date of birth, height, weight, location, email, phone number), (b) information you provide in your wellness profile and answers to survey questions, (c) collection of wellness data (including but not limited to steps, exercise activity, sleep duration/patterns, heart rate) and (d) raw accelerometer related data collected via EVŌ-Paired Devices and smart phones.
Information That You Provide
Because incomplete or incorrect data will hamper EVŌ from providing valid and effective wellness information, you agree that the information you provide as part of enrollment and/or during the course of use of EVŌ is, to the best of your knowledge, correct and complete. Further, you agree that you are responsible for maintaining confidentiality of your account and login information and insights and personalized content provided to you in EVŌ.
Collection and Use of Your EVŌ-Paired Device Data
You agree and hereby authorize that (a) EVŌ-Paired Device manufacturers can share data generated by your EVŌ-Paired Devices with BCA, either directly through your smart phone or from the applicable manufacturer’s databases; and (b) BCA may provide such data as necessary to 3rd parties to deliver BCA services via EVŌ. You further agree that BCA may use such data to improve its products and services, so long as your data (including personally identifiable information and information that may be deemed to be Protected Health Information (as defined in Health Insurance Portability and Accountability Act of 1996) remains anonymized and confidential.
Exclusive Use of EVŌ
You acknowledge BCA grants you an exclusive, limited license to use the EVŌ mobile application, and you agree that you will not allow anyone other than yourself to use your instance of EVŌ.
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
BY ENROLLING TO USE THE EVŌ MOBILE APPLICATION AND PLATFORM (“EVŌ“), YOU MAY AUTOMATICALLY BECOME A PARTICIPANT IN A CONTEST FOR THE USE OF EVŌ AND YOU AGREE TO THESE OFFICIAL RULES, WHICH IS A CONTRACT, SO READ THEM CAREFULLY BEFORE ENROLLING TO USE EVŌ. WITHOUT LIMITATION, THESE OFFICIAL RULES INCLUDE CERTAIN LIMITATIONS OF YOUR RIGHTS AND REMEDIES.
- SPONSOR: Big Cloud Analytics, Inc., 5815 Windward Parkway, Suite 302, Alpharetta, Georgia 30005 (“Sponsor”).
- OVERVIEW: Sponsor hosts various promotional contests (each, a “Contest”) in connection with its application known as EVŌ provided by Sponsor for use on mobile devices, via the web, or otherwise (“App”). Details for Contests are described in EVŌ WELLNESS CONTEST SPECIFICS below
. By taking part in a Contest, each Participant (“Participant“) unconditionally agrees and accepts to be bound by the Official Rules and the sole decisions of Sponsor, which will be final and binding in all respects. Each Contest provides Participants with the opportunity to win a prize or prizes (each a “Prize
” and collectively, the “Prizes”) as described in EVŌ WELLNESS CONTEST SPECIFICS below. Sponsor reserves the right to permanently disqualify from all Contests any person it believes has violated the Official Rules.
- ELIGIBILITY: Each Contest is open to those individuals who are at least eighteen years of age, and the age of majority in their respective jurisdiction of permanent residence at the time of entry and who have access to a device that will enable them to download the App. Each Contest is void wherever prohibited or restricted by law. Each Contest is subject to all applicable federal, state and local laws. Employees, officers, directors and agents of Sponsor and its affiliates, and the immediate families (parents, siblings, children and spouse) and persons living in the same household (whether related or not) of such persons are not eligible to enter a Contest or win a Prize (as defined in EVŌ WELLNESS CONTEST SPECIFICS below). Only one (1) entry per person. An individual may win a prize for an individual EVŌ contest only once per 6 month period unless otherwise specifically stated in the Contest Rules. Virtual Triathlons spanning across multiple competitions are not bound by this restriction, and a Virtual Triathlon prize may be awarded to a participant who did win a prize during the competitions encompassed as part of a Virtual Triathlon. Winning and receiving any of the Prizes is contingent upon fulfilling all requirements set forth in the Official Rules. Sponsor reserves the right to verify eligibility of all Participants. Entries submitted by Participants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void
. Sponsor and its agents are not responsible for technical failures of any kind, or any human error that may occur in the receipt or processing of the Participant enrollment information used for the Contest. Sponsor reserves the
right to modify the scheduling of a Contest without prior notification. All entries into the Contest are part of the digital application enrollment and become the sole property of the Sponsor and will not be acknowledged or returned.
- WINNER SELECTION AND NOTIFICATION: The winner selection process will be set forth below. Potential Winners will be eligible to win the applicable Prize(s), subject to verification of eligibility and compliance with the Official Rules. Potential Winners will be notified by push notification in the EVŌ application (the “Prize Notification”) on or about the dates stated in EVŌ WELLNESS CONTEST SPECIFICS below and each Potential Winner must respond by electronic mail, overnight courier service or U.S. mail to Sponsor within seven calendar days of the date of the Prize Notification (the “Deadline”). If the Sponsor does not receive a Potential Winner’s response to the Prize Notification by the Deadline, such Potential Winner will be disqualified and an alternate Potential Winner (for each unclaimed Prize) will be selected from all remaining eligible Participants based upon the same selection process. Sponsor is not responsible for the failure for any reason whatsoever of any Potential Winner to receive their Prize Notification or for Sponsor to receive any Potential Winner’s response. The inability of Sponsor to contact a Potential Winner, the failure of a Potential Winner to contact Sponsor in a timely manner, the inability of a Potential Winner to accept or receive a Prize for any reason, the return of any Prize as undeliverable, and/or the non-acceptance by a Potential Winner of any Prize for any reason will result in disqualification of such Potential Winner for that prize, and an alternate Potential Winner will be selected from all remaining eligible Entries based upon the same selection process until a Winner is selected; provided, however, that only two alternate Potential Winners may be determined, after which the applicable Prize will remain unawarded. Each Potential Winner who complies with all of the foregoing requirements and ultimately receives a Prize is known as a “Winner”.
- PRIZE CONDITIONS: Selection and specifics of all Prizes are determined at the Sponsor’s sole discretion and all Prizes are subject to availability. Where prizes are merchandise or services, Winners are not entitled to any surplus between the actual retail value of his/her Prize and its stated approximate retail value; and any difference between the stated approximate retail value and actual value of the Prize will not be awarded, and no cash redemption or prize substitution will be allowed, except by the Sponsor, who reserves the right in its sole discretion to substitute cash value or another prize it believes is of equal or greater value. All prizes are non-transferable. All Prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of the Prizes are at the Winners’ sole risk and Sponsor is not responsible for damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of any of the Prizes. Sponsor reserves the right to verify eligibility of all Winners. Prizes will be awarded by electronic mail and/or another method, in Sponsor’s and/or its Prize suppliers’ sole discretion, using the information provided upon EVŌ enrollment. Any gift cards awarded as prizes are subject to their issuer’s terms and conditions. If any Winner is unable to accept a Prize or any portion of a Prize for any reason, Sponsor shall have no further obligation to such Winner.
- TAXES AND COSTS RELATED TO THE PRIZES: All taxes, tariffs, costs and fees are the sole responsibility of the Winner. If required by Sponsor, each Winner must complete and return to Sponsor an IRS Form W-9. Each Winner may be issued a 1099 tax form for the approximate retail value of the Prize.
- GENERAL CONDITIONS: By participating in a Contest and/or by accepting a Prize, Participants: (a) agree to be bound by the Official Rules and the decisions of the Sponsor and/or its designees and (b) agree to release and hold harmless Sponsor and its affiliates, together with their respective employees, directors, officers, licensees, licensors, shareholders, members, attorneys and agents, including, without limitation, any person or entity associated with the production, judging or administration of a Contest (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in such Contest and/or their use or misuse of any Prize. By accepting a Prize, each Winner consents to the use of his/her name and/or likeness (voice, biographical information, city, county and state of residence, statements, photograph, and recordings) for advertising and promotional purposes (including, but not limited to, use on Sponsor’s web site and in the EVŌ App without additional compensation, except where prohibited by law). Any Winner may be required to execute and return to Sponsor within five (5) business days an Affidavit of Eligibility and a Liability and Publicity Release (where imposing such condition is legal) and any additional documents required by Sponsor in connection with the possibility of receiving a Prize. Any Winner may be required to furnish proof of identity, address, and birth date in order to receive a Prize. Sponsor reserves the right to make changes or additions to the Official Rules and/or extend the dates of a Contest for any reason at any time, without prior notice or obligation. Sponsor’s failure to enforce any term of the Official Rules shall not constitute a waiver of that provision.
- RELEASE: By enrolling to use the EVŌ App, Participants agree to the following: All decisions of Sponsor are final and binding; and Participants agree to waive any right to claim ambiguity in a Contest or the Official Rules, except where prohibited by law. By accepting a Prize, each Winner agrees to release the Released Parties from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of any Prize. Sponsor reserves the right to use a Contest for publicity purposes in any media and to use the name, likeness, and hometown name and/or Prize information of selected Participants as part of that publicity, without any compensation or prior review unless prohibited by law. Sponsor reserves the right to disqualify any Participant it finds to be tampering with the entry process or the operation of a Contest or violating the Official Rules. The Released Parties shall not be liable for: (a) late, lost, delayed, stolen, misdirected, postage due, incomplete, unreadable, inaccurate, garbled or unintelligible communications, regardless of the method of transmission; (b) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (c) data corruption, theft, destruction, unauthorized access to or alteration of EVŌ enrollment information or other materials; (d) any injuries, losses or damages of any kind caused by the Prize or resulting from acceptance, possession or use of a Prize, or from participation in a Contest; or (e) any printing, typographical, administrative or technological errors in any materials associated with a Contest. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend a Contest should any unauthorized intervention or other cause beyond Sponsor’s control corrupt the administration, security or proper play of a Contest. Sponsor may prohibit a Participant from participating in a Contest or winning a Prize if, in its sole discretion, it determines such Participant is attempting to undermine the legitimate operation of a Contest in any way by cheating, deception, or any other unfair playing practice that annoys, abuses, threatens or harasses any other Participants or representatives of Sponsor.
- CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATIONS OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- DISPUTES: Each Participant agrees that (a) any and all disputes, claims, and causes of action arising out of or in connection with a Contest, or any Prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in Atlanta, Georgia; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including direct costs associated with entering a Contest (if anywhere permissible), but in no event attorneys’ fees; and (c) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages (other than for actual out-of-pocket expenses) and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of Participant and the Sponsor in connection with a Contest shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Georgia or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than those of the State of Georgia.
- WINNER’S LIST/OFFICIAL RULES: For a list of Winners or a copy of the Official Rules, please send a request specifying the date on which the relevant Contest was being run and a legal-sized self-addressed stamped envelope to: Big Cloud Analytics, Inc., Winners’ List/Official Rules, 5815 Windward Parkway, Suite 302, Alpharetta, Georgia 30005, to be received no later than the date that is 60 days after the end of the Contest Period. Winners’ lists will be sent once all Winners have been verified and the Prizes have been awarded.
- EVŌ WELLNESS CONTEST SPECIFICS:
Eligibility: The Contest is open to those individuals who are at least eighteen years of age, and the age of majority in their respective jurisdiction of permanent residence at the time of entry and who have access to a device that will enable them to download the App. The Contest is void wherever prohibited or restricted by law. The Contest is subject to all applicable laws. Employees, officers, directors and agents of Sponsor and Partner and its affiliates, and the immediate families (parents, siblings, children and spouse) and persons living in the same household (whether related or not) of such persons are not eligible to enter a Contest or win a Prize. Winning and receiving any of the Prizes is contingent upon fulfilling all requirements set forth in the Contest Rules published and made public at the start of every competition. Sponsor reserves the right to verify eligibility of all Participants. Entries submitted by Participants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void . Sponsor and its agents are not responsible for technical failures of any kind, or any human error that may occur in the receipt or processing of the Participant enrollment information used for the Contest. Sponsor reserves the right to modify the scheduling of a Contest without prior notification. All entries into the Contest are part of the digital application enrollment and become the sole property of the Sponsor and will not be acknowledged or returned.
Method of Entry: Entry into each Contest is completed by (a) successfully downloading, (b) completing the registration process for the EVŌ App, (c) provide a valid email address during registration. (d) completion of the profile questionnaire, (d) permissioning of motion and fitness data. (“Entry”). An Entry will occur automatically upon successful completion of this process, subject to the eligibility of the Participant and compliance with the Official Rules.
Contest Rules, Description, Duration, Category, Requirements, Prize, and Winner Selection: The Contest Details are announced as part of the Contest and are specified in the Contest Rules published and made public at the start of every competition.
Who to Contact
By Postal Service or Overnight Courier:
Big Cloud Analytics, Inc.
5815 Windward Parkway, Suite 302
Alpharetta, Georgia 30005
Effective Date: September 10, 2019