Version 3.0 – Last updated May 20th, 2017
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.
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:
3. User Account
After a Family Account has been created, individual User Accounts can be added.
To create a User Account you will provide:
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
We collect a range of Non-Personal Information about all users of the Apps. This information includes:
We use Raygun for crash reporting and Google Analytics for metrics.
We may use your Personal Information to:
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:
We do not use cookies.
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:
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.
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.
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.
For more information on privacy legislation and guidelines in your local jurisdiction please contact your relevant local authorities.
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.
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.
Please address all requests and questions about this Privacy Policy to the Privacy and Data Protection Officer using the email address privacy@tgoma.com.
