Sponsored Account Agreement

Summary (plain language)

This summary is part of the Agreement. If the summary and the full text disagree, the full text applies.

Link My Gear sponsors your account as part of our product evaluation program. You get the Sponsored plan at no cost for the period your code states. It is access to our own Services, not a payment to you.
As a condition of the program, we may use the data your account collects for educational and marketing purposes. This includes your jumps, device readings, how you use the app and the device, and the feedback you give us.
By default we use it without your name. We use your name, photo or quotes only if you tick the separate box for that.
We do not sell your data.
A device we give you for the program is a loan. It stays ours, and you return it when the sponsorship ends. You may let a friend use it, but you are responsible for them as for yourself, and you must tell them their data goes into your account.
You can withdraw at any time in account settings. Your Sponsored plan then ends that day. We stop new use of your data from then on. Material already published is not recalled.
This program is open only to residents of the United States who are 18 or older.

1. Who this Agreement is between

This Sponsored Account Agreement (the "Agreement") is between you and Link My Gear Inc. ("we", "us", "our").

It adds to our Terms and Conditions (the "Terms") and our Privacy Policy. Words defined in the Terms have the same meaning here.

If this Agreement conflicts with the Terms or the Privacy Policy, this Agreement applies to your Sponsored account. In everything else, the Terms and the Privacy Policy continue to apply.

2. Eligibility

To redeem a sponsored code you must:

be a resident of the United States, meaning one of the fifty (50) states or the District of Columbia, and confirm this when you redeem the code;
be 18 years of age or older;
use your own personal account, as the Terms require; and
not already pay for an active paid subscription to the Services.

A code may be used only as many times as it allows (usually once) and only before its expiry date. A code has no cash value, cannot be sold, and may be revoked by us before it is redeemed.

3. What you receive

3.1 The Sponsored plan. While your sponsorship is active, your account has the Sponsored plan at no charge. It includes the features of our highest paid plan, as described on the Platform from time to time. It also includes connectivity for up to five (5) Devices registered to your account. We will not charge your payment method for the Sponsored plan or for those Devices.

3.2 Duration. The sponsorship lasts for the period shown when you redeem the code. This is either a fixed number of months or no set end date. We will email you before a fixed-period sponsorship ends. When it ends, your account moves to the free plan, unless you choose a paid plan.

3.3 Devices we lend you. A Device we provide as part of a sponsorship is a loan. It remains the property of Link My Gear Inc. at all times. No ownership passes to you, and you may not sell, give away, transfer ownership of, or encumber it. Keep it with reasonable care.

3.4 Letting someone else use the Device. You may let another person use the Device, and use your account with it. For your Sponsored account, this overrides the Terms' rule that you must not allow another person to use your account, but only to this extent. If you do:

you are responsible for that person, and for everything done with the Device or your account while they use it, as if you had done it yourself;
before they use it, you must tell them that the data the Device records goes into your account and may be used as section 5 describes, and they must agree to that;
data recorded on the Device in your account is Sponsored Data, whoever was using the Device; and
the Terms' safety instructions and limits apply to them as they apply to you. Normal wear from use as intended is expected and is not charged to you. When the sponsorship ends for any reason, return the Device within 30 days after we ask. We provide a prepaid shipping label at our cost. If the Device is lost, stolen or damaged beyond normal wear, tell us within 7 days. The Terms apply to the Device, including its safety instructions and limits.

3.5 Pre-release software. We may offer you pre-release software or firmware. Installing it is your choice. Pre-release software may contain defects, and it is provided "as is" under the Terms.

4. What we ask of you

4.1 Use. Use the Device and the Platform in your normal activity, in line with the Terms and the Device instructions. Nothing in this Agreement requires you to make any jump, flight or other activity, or to take any risk you would not otherwise take. Your safety decisions are always your own.

4.2 Feedback. We may ask you for feedback, for example surveys, short calls or bug reports. Please make reasonable efforts to respond. The Terms' feedback licence applies to your feedback.

5. Your consent to our use of your data

5.1 What data. Your consent covers the data collected in your Sponsored account while the sponsorship is active ("Sponsored Data"):

jump and activity records, including tracks, altitude, speed, acceleration, timing and the drop zone or location of the activity;
Device data, including sensor readings, battery, connectivity, firmware and diagnostic logs;
app and Platform usage, including the screens and features you use, settings, and errors;
group jump participation, but only your own part of it (see 5.5);
feedback, survey answers, and any photos, videos or comments you choose to send us for this program.

Account details (name, email, phone, address and payment information) are not Sponsored Data. We use them only as the Privacy Policy describes, and as section 5.4 allows.

5.2 What purposes. You agree that we may use, copy, analyse, adapt and publish Sponsored Data for:

education: safety and training materials, courses, presentations, articles, and research, including research shared with industry bodies, drop zones and instructors;
marketing: our website, social media, advertisements, case studies, demonstrations, trade shows, sales and investor materials;
product development: improving the Device, the Platform and new products.

This licence is non-exclusive, worldwide and royalty-free. It applies in any medium. It lasts for as long as section 7 allows.

5.3 Without your name, by default. Unless you give the separate consent in 5.4, we use Sponsored Data only in a form that does not identify you. That means we remove your name, username, email, phone, photo and account identifiers. We will not publish precise location data that would show where you live or work, or a location outside the activity itself. Locations of activities (for example a drop zone or landing area) may appear in materials.

5.4 Optional: using your name, likeness and words. This consent is separate. You may tick it or leave it, and the Sponsored plan is the same either way. If you tick the box "You may identify me", you also agree that we may use your name or username, photos or videos of you that you send us or that are taken with your permission, and your quotes and feedback, together with Sponsored Data, for the purposes in 5.2. We will not attribute words to you that you did not say. You may withdraw this consent alone at any time, without ending the sponsorship.

5.5 Other people. Apart from data recorded on the Device by a person you allowed under section 3.4, your consent covers only your own data. Data about other people, such as members of a group jump or your alert contacts, is not covered by your consent. We use such data only as the Privacy Policy describes, or with that person's own consent. We will not identify a person you allowed under section 3.4 by name or likeness, because the optional consent in 5.4 covers only you. Do not send us photos, videos or personal details of other people unless they have agreed.

5.6 No sale of data. We do not sell Sponsored Data, and we do not share it for cross-context behavioural advertising. Service providers who work for us under the Privacy Policy may process it on our behalf.

6. How we keep a record

When you accept, we record the version of this Agreement, the date and time, your confirmation of residence and age, the platform you used, and whether you gave the optional consent in 5.4. We remember these choices, so you are not asked again unless the Agreement changes (section 9). We email you a copy. In your account settings you can see the version you accepted and your current choices, and you can change the optional consent in 5.4 at any time.

7. Withdrawing your consent, and ending the sponsorship

7.1 How to withdraw. You may withdraw your consent under section 5 at any time in your account settings, or by emailing info@linkmygear.com.

7.2 What happens when you withdraw.

Your Sponsored plan ends at the end of that day, and your account moves to the free plan.
From that date we stop collecting new Sponsored Data. We also stop making new materials from your Sponsored Data that could identify you.
Materials that are already published or distributed (for example printed copies, posted videos and delivered presentations) do not have to be recalled. We will remove identifying materials from channels we control, such as our website and social media accounts, within a reasonable time after you ask.
We may keep and continue to use Sponsored Data in de-identified or aggregated form.
Return any Device we lent you as section 3.3 describes.

7.3 When we may end the sponsorship. We may end a sponsorship with 14 days' notice by email, or immediately if you breach this Agreement or the Terms. Section 7.2 applies as if you had withdrawn, except that for a sponsorship we end we may keep using the Sponsored Data collected before that date as section 5 allows.

7.4 Your privacy rights. Withdrawing does not limit your rights under the Privacy Policy, including deleting your account. If you delete your account, section 7.2 applies, and your account data is handled as the Privacy Policy describes.

8. No payment or compensation

The Sponsored plan is promotional, no-charge access to our own Services. We grant it at our discretion for product evaluation. It is not wages, a fee, a prize, or payment for services, goods or data. It has no cash value, and it cannot be exchanged for money or transferred. You do not provide services to us under this Agreement. Your consent in section 5 and any feedback you give are conditions of the program, not work performed for us. We pay you no money and give you nothing of cash value under this Agreement, so we do not issue tax forms for it.

9. Changes to this Agreement

We may publish a new version of this Agreement. If the new version materially changes how we use Sponsored Data, we will ask you to accept it. If you do not accept within 30 days, your sponsorship ends and section 7.2 applies. Data collected before the change stays under the version you accepted.

10. General

Sections 12 (Governing Law and Dispute Resolution) and the limitation of liability and disclaimer sections of the Terms apply to this Agreement, including Delaware law and binding arbitration with its opt-out.

This Agreement does not create a partnership, agency or employment relationship. You are not our employee or contractor.

11. Contact

Email: info@linkmygear.com
Mailing address: Link My Gear Inc., 254 Chapman Rd, Ste 208 #22154, Newark, Delaware 19702, US