Boult One Privacy Policy

Mobile Application Privacy Policy

Boult One: Privacy Policy  

Boult recognizes the importance of protecting your personal information and details and thus it provides this Privacy Policy with respect to the access and use of various products offered by Boult. Boult's device, mobile application and related products (hereinafter collectively referred to as “Services”) are provided by Exotic Mile Pvt Ltd (hereinafter referred to as “Boult” or “we” “our” or “us”). This Privacy Policy (hereinafter referred to as "Policy") applies to all the products of Boult and it delineates the procedures governing the collection, utilization, and disclosure of user data when user uses our mobile application named Boult One App (hereinafter referred to as "App"). 

Thank you very much for using our Services. To have a better experience when using our Services, please read carefully and fully understand the terms of the our Policy (hereinafter referred to as “Agreement”). If you do not accept the Agreement, please do not use Services. For the purposes of this Policy, the user of services and products may be customers or any other person using this App (hereinafter referred to as “user” or “you” or “your”). 

By creating your account or otherwise using Services, you shall be deemed to have agreed to be bound by the terms of the Agreement, and such terms shall constitute a binding agreement between you and Boult. Below are the specific terms of the Agreement: 

  1. Read our Policy: For the handling of your data, please refer to our Policy. By using our Services, you are deemed to have agreed to the collection and utilization of your information in accordance with our Policy. 

 

  1. Eligibility to use our Services: If you are below 16 years (or below 13 years in certain jurisdictions), you are prohibited from using Boult Services. If we believe that you are below 16 years (or below 13 years in certain jurisdictions), we reserve the right to  terminate your account and discontinue your use of our Services. 

 

  1. Information we collect: Some information is required to create an account on our application or website, such as your name, email address, mobile number, password, date of birth, gender, height and weight. This is the only information you must provide to create an account with us. You may also choose to provide other types of information, such as a profile photo. Information like your height, weight, gender, and age allows us to improve the accuracy of your daily exercise and activity insights like the number of calories you burned and the distance you travelled. 
  1. Activity data: We collect and maintain your activity information to determine the activities performed and monitor the daily patterns that may affect your fitness. 
  1. Sleep data: We collect and maintain your sleep data including sleep schedule, sleep duration, sleep habits and areas for improving your sleep. 
  1. Heart rate and Blood oxygen data: We collect and maintain your heart rate data to calculate and detect your maximum and resting heart rate and notify you when it exceeds the limits. 

Storage of your personal information 

We store your data with Amazon Web Services cloud platform provided by Amazon Web Services, Inc. (headquartered at 410 Terry Ave. N Seattle, Washington 98109, USA) . Amazon Web Services implement security measures to protect the loss, misuse and alteration of the information, details of which are available at https://aws.amazon.com. 

  1. Create Your Account

To take full advantage of our Services, you need to create an account, for which purpose, you need to provide us with a valid e-mail address, mobile number and a secure password. You are responsible for ensuring the security of your account and password and will be held liable for all actions that occur in your account. Boult shall not be held liable for any of your losses or damages caused by your failure to keep your account and password confidential. If you find or suspect any security breaches in our Services or your account, please contact us. 

If you do not create an account, you can only use part of the Services provided by Boult One. When Boult One provides Services to you, it may collect your information (refer to our Policy). 

  1. Essential Devices

To take full advantage of our Services, you need to use a supporting mobile device (such as mobile phone) that can be connected to the Internet, and a smart device such as sports bracelet or watch. The maintenance and safety performance of such devices may affect the services of Boult One, so you are responsible for ensuring the normal operation and safety of such devices. It is your responsibility to bear all internet access fees. Please check with your Internet provider for possible Internet data usage charges. 

  1. Boult One’s Rights

The “Boult One Contents” include any photos, images, graphics, videos, audios, data, texts, music, software, works in any form and other information, contents or data released, generated, provided or otherwise made available by us through Boult One. Boult reserves the rights to Boult One Contents and all rights that are not expressly specified in the Agreement. Unless otherwise specified in the Agreement, your use of our Services shall not constitute the transfer of any ownership of our Services or Boult One Contents to you or any other person. 

You agree that you will not modify, delete, extract or hide any Boult One Contents contained in Boult Services, or any accompanying statement on copyright, trademark, service mark or other proprietary rights by any means. You shall not duplicate, imitate or use our logo contained in Boult One Contents, any other Boult One trademarks that may appear in Boult Services, or the overall appearance and style of Boult Services without our prior written permission. 


  1.  Boult Services

Boult Services record your training data and health data, which will be used only for your private and non-commercial purposes. Below are the main functions of Boult Services.  

(a) Account login: you need to create and log into your Boult One account, to manage and save your training data and health data. 

(b) Device management: Boult Services allow you to manage your device. You can manage the use and upgrade of your device by connecting your device to your phone through Bluetooth function. You can manage your personal data on your device and/or in the app, which will be displayed after processed through the App. 

(c) Personal information management: you can edit your avatar, nickname, sex, age, height, weight and other information in the App. 

(d) Training data recording: Boult Services support the recording and display of your daily training data (walking, running, biking etc.) and movement path (outdoor running, outdoor walking, outdoor biking, etc.). To record your movement path, you need to enable the GPS function of your mobile phone. 

(e) Health data management: After binding your device, Boult Services will support the measurement, recording and display of your health data (sleep, heart rate, SpO2, stress, etc.). 

(g) Health reports: Generate your weekly, monthly and annual health reports based on your training data, health data and personal information, and push your health reports. Please note that these reports do not constitute professional medical advice. 

(h) Functional services: Boult One provides additional functional services, female menstrual cycle reminder, lifting wrist to turn on the screen, multi-language switching, alarm clock, Find My Phone, music control and weather notification. 

(i) Sharing: Share your weekly health report and other training data and health data to other social Apps on your phone. We will share personal information outside of Boult when we have your consent. We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Policy and any other appropriate confidentiality and security measures. 

(j) Questions and suggestions: If you encounter any problems during use, you can edit and submit questions to us. If necessary, you can choose to upload logs. 

(k) Boult Services allow you to share data to third-party services, if you send us a sharing instruction. 

(l) Purchase: Boult One provides virtual dial purchase service. 

Please note that we will update the App or software from time to time, and the actual functions will depend on the version you are using.  

6.1 Device Data. "Device Data" includes without limitation, the following: 

Device attributes: Information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins. 

Device operations: Information about operations and behaviours performed on the device, such as whether a window is foregrounded or backgrounded. 

Identifiers: Unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use. 

Device signals: We may collect your bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers. 

Data from device settings: Information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos. 

Network and connections: Information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address and connection speed. 

Media: We access the media gallery on your mobile device, including without limitation, images, videos and audio files and the storage space on your phone. However, we shall always obtain your consent before accessing your images and you shall have the option to deny us such access. 

6.2 Contacts 

Contacts List. We access the contacts list on your mobile device. We always ask for your consent before accessing your contacts list and you have the option to deny us the access to your contacts list.  

Phone state / contact List:  the call notifications feature - To use this feature it requires permission to send the caller details to the connected devices when the phone receives incoming calls and SMS. This data is not saved by the Boult One app and is only used to provide notifications. 

6.3 Access Background Location 

When you use location-based program services or features, we may collect your location data. 

Boult One requires background location permission for: 

When using Bluetooth to search for devices, or to connect devices with Bluetooth, most Android systems need to use location permissions to enable Bluetooth related functions. 

Use positioning to display walks and runs on a map for sports activities such as outdoor running, outdoor cycling, etc. When the Boult One application is running in the background, it also needs to obtain location information, and display the motion trajectory and distance to the user through the location information. 

  1. Rules of Use

Boult One grants you a limited, non-exclusive, non-transferable and revocable license (no sub-licensing is allowed) to: (1) use Boult Services; (2) view Boult One Contents; (3) use the App provided by Boult Services; and (4) use the App built into your Boult One device or call the App from your phone, as authorized in the Agreement. This license will be granted only when you use Boult Services for your personal and non-commercial purposes in the manner permitted by the Agreement. 

You may not use, sub-license, duplicate, adapt, modify, translate, disclose, produce derivative works, disseminate, license, sell, lease, transfer, publicly display, publicly demonstrate, communicate, broadcast or otherwise use the Boult One contents, Boult Services or any part thereof (including any third-party software or APP), unless expressly permitted by the Agreement. You cannot obtain licenses or rights to any intellectual property owned or controlled by Boult One or its licensors by implied or other means, except for the licenses and rights expressly granted in the Agreement. 

 

The images, names and other information you upload are your contents. You are solely responsible for your contents. You agree that none of your contents will be of the following nature: false, defamatory, infringing, harmful, pornographic, offensive, bullying, harassment, scandal, hatred, incitement, threats, profanity, obscenity, invasion of privacy or otherwise objectionable, including but not limited to facilitating illegal activities, promoting violence, and any discriminatory or illegal contents that may incur civil liabilities. 

  1. Please consult your doctor before using Boult Services

Boult Services are not intended for the diagnosis, handling, treatment or prevention of any disease. If you have any medical condition or heart disease, please consult your doctor before using Boult Services or participating in a training program. In case of a medical emergency, please consult a medical professional immediately. 

Long-time contact with the wearable device may cause skin irritation or allergies to some users. To reduce discomfort, please follow the following 4 wearing and maintenance suggestions: (1) keep the device clean; (2) keep the device dry; (3) do not wear the device too tightly; (4) after long-time wearing, please take off the wristband and allow your wrist to rest for an hour. If you notice skin irritation, pain, tingling, numbness, burning or stiffness on your hand or wrist while or after wearing the device, please take off the device and stop using it. If the symptoms persist for more than 2~3 days after you take off the device, please consult your doctor. 

Using the heart rate measurement function of Boult One products may pose risks to users with certain diseases. If you (1) have any medical condition or heart disease, (2) are taking any photosensitive drug, (3) suffer from epilepsy or are sensitive to flashes, (4) suffer from poor blood circulation and are prone to bruising, or (5) suffer from tendinitis, carpal tunnel syndrome or other musculoskeletal diseases, please consult your doctor before using Boult One products. 

  1. Sales and Payment

For the sales, return and warranty policies of Boult Services, please consult your dealer, distributor or other sales entities. You must accept the Agreement when placing an order. We may reject or restrict your order by any reason. 

The virtual goods you purchase on Boult One are subject to one-time payment. We will not accept your return or refund request for any reason. 

 

You agree that Boult One has the right to adjust the price of paid goods. After the new price takes effect, you will need to accept the new price when placing an order, but the products and services you have purchased before the price adjustment will not be affected. If you do not accept the new price, please stop placing new orders. 

  1. Feedback and Submission Policy

If you submit comments, suggestions or feedback to us, you agree that we can use, disclose, duplicate, distribute or utilize them in compliance with our Privacy Policy without offering you any compensation. We do not waive any right to use any suggestions or feedback that are previously known or developed by Boult One, or any similar or related suggestions or feedback obtained from sources other than you. Our feedback and submission policy is an integral part of the Agreement. 

  1. Reminders and Notifications

You may receive notifications, text messages, reminders, emails and other electronic communications during the use of Boult Services. You agree to receive these communications. You can use “Account Settings” to control most of the communications from Boult Services. We may need to send you certain communications, such as software update notifications. Any notifications, agreements, disclosures or other communications that we send to you electronically will meet any legal communication requirements, including the requirements for written communications. 

  1. Third-party Services

Among Boult Services, the online payment service is provided by a third party, and Boult One will only accept the order information fed back by such third party. Such order information complies with our Privacy Policy. 

If the technology permits, you can choose to transfer your information to a third party, such as Strava, Google Fit or Apple Health. You can share your training records with other social APPs on your phone, such as Mail. 

Google Fit: “Boult One use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.” 

In the case that you enter into an agreement with the third-party service provider regarding the corresponding service, Boult One is not a party to the agreement between you and such third party. Therefore, we strongly recommend that you read the agreement between you and the third party and the third party's privacy policy carefully. Boult One has no right or obligation to control or review the products or services provided by third-party service providers and shall not be held liable for any infringement of your rights or interests in connection with the use of such third-party products or services. Boult One is not responsible for the contents or availability of any third-party products or services, and will not endorse any contents, products, services or other information provided by third parties in Boult Services. If you do not comply with the third-party agreement and/or third-party privacy policy, the third party may take legal action against you. 

Any disputes caused by the use of third-party products or services through Boult Services shall be settled by the third-party service provider, and Boult One shall not be liable for such disputes. Boult One will not provide any customer support for third-party software or technology. If you need support, please contact the third-party service provider. 

  1. Change of Boult Services

Boult One may change or discontinue, whether temporarily or permanently, any function, component or content of Boult Services at any time without any notice. Boult One shall not be held liable to you or any third party for any revision, suspension or discontinuation of any function, component or content of Boult Services. We reserve the right to determine the time and contents of software update: Boult One may send you a software update reminder, and you can choose to download and install the updated software; the updated software may also be downloaded and installed automatically by your App Store without notifying you. 

  1. Termination

We reserve the right to decide to suspend or discontinue your account or your use of all or part of Boult Services or terminate these terms at any time without any liability. We will do our best to notify you before taking such actions. 

You can request to 'close your account and delete your data' at any time by writing an email to us on support@boultaudio.com with subject line 'Account and data deletion'. The following data will be deleted as per the request: 1. Account information including all personal or demographic information. 2. All data generated or synced on the Boult One app. 3. All information related to paired devices and all respective data associated to specific user account. In case the Agreement is terminated, or Boult Services are suspended, or your account is closed, the following provisions of the Agreement shall remain valid: Section 1, 2, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21. 

  1. Disclaimer

Boult Services are provided for your use only, not for any third party's use. You agree that Boult One and its affiliates, third parties, and sellers shall not be held liable for any losses caused by unauthorized use of Boult Services. 

 

Boult Services are provided on an “as is” basis without any kind of guarantee. Without limiting the foregoing provisions, we expressly waive all express or implied warranties arising from or in connection with the Agreement or Boult Services, including but not limited to any warranty of merchantability, fitness for a particular purposes or non-infringement, and any guarantee arising from trading habits or business practices. 

We do not guarantee that Boult Services will meet your requirements, or that no interruption, safety or failure will occur during the use of Boult Services. We do not guarantee the quality, accuracy, timeliness, authenticity, completeness or reliability of Boult Services or any Boult One Contents. Boult Services may change over time, and may vary from place to place. For example, the update of the App or software may cause changes to Boult Services, or cause the map to be unusable, inaccurate or incomplete. The use of Boult Services should not replace your good judgment and common sense. 

You expressly agree that Boult will not provide medical advice through Boult Services. The contents provided through Boult Services cannot be used and should not be used to replace (a) the advice of your doctor or other medical professionals, (b) your going and seeing, or calling and consulting your doctor or other medical professionals, or (c) the information provided on any product package or label. If you have any health-related problem, please call your doctor or other medical professional for treatment. You should never ignore medical advice or delay seeking medical advice due to any content of Boult Services, or use any content of Boult Services to diagnose or treat your health problems. Spreading and receiving our contents in whole or in part via the Internet, email or other means will not constitute or establish a relationship of doctor, therapist or other health care professionals with patient between you and Boult One. 

You expressly agree that your physical activities (including but not limited to biking, running or following the training program provided in Boult Services) have certain inherent and significant risks of property loss, personal injury or death. You will voluntarily assume all the known and unknown risks associated with such activities, even if they are caused wholly or partly by any act, omission or neglect of Boult One or others. 

  1. Indemnity

For any claims, prosecutions, lawsuits, demands, disputes, appeals or investigations brought against Boult by any third party, government agency or industry organization based on your following actions, and all liabilities, damages, losses, costs and expenses incurred therefrom, including but not limited to reasonable attorney fees, Boult has the right to claim compensation from you and be held harmless by you: (1) your access to or use of Boult Services; (2) your contents; (3) your violation or alleged violation of any of your warranties or the Agreement; or (4) your violation of any law or third-party rights. 

Besides, we reserve the right to defend against third-party claims (you are responsible for compensation). In such case, you must cooperate with us to make any effective defense. 

  1. Limitation of Liability

For any incidental, special, punitive or indirect damage arising from or in connection with your use of the Agreement, or the use of or inability to use Boult Services, including loss of profit, data loss, service interruption, computer damage, system failure or replacement service charges, Boult One, its suppliers or licensors, and any other parties participating in the creation, production or delivery of Boult Services shall not be held liable, whether based on warranty, contract, tort (including negligence), product liability or other legal theories, and whether Boult One has ever been notified of the possibility of damage or not, even if the limited remedy provisions contained herein are deemed to have failed to achieve their necessary purpose. 

In no event shall the total liability of Boult One arising from or in connection with the Agreement, or your use of or inability to use Boult Services exceed the amount paid to Boult One by you for using Boult Services. 

The above-mentioned damage exclusion and limitation provisions are the fundamental basis for Boult One to make a deal with you. 

In some jurisdictions, no exclusion or limitation of liability for indirect or incidental damage is allowed, so the above limitations may not apply to you. 

  1. Governing Law and Dispute Resolution

The validity and interpretation of the Agreement shall be governed by the laws of India. If there are no applicable laws or regulations, the international commercial practices and/or general commercial practices shall apply. 

The Agreement has been signed in India. 

Both the user and Boult One agree that all disputes arising from the Agreement shall be settled through negotiation. If the negotiation fails, either party may submit such dispute to New Delhi Court of International Arbitration for arbitration. 

  1. General Provisions

We will notify you before making major amendments to the Agreement and give you the opportunity to view the revised terms. You can then decide whether to continue using Boult Services or not. By continuing to use Boult Services after the revision is released, you shall be deemed to have accepted the revised agreement. 

 

If any provision of the Agreement is declared to be invalid or unenforceable by a court of competent jurisdiction for any reason, such provision shall be enforced to the maximum extent permitted, and the remaining provisions of the Agreement shall remain in full effect. 

 

Any notifications or other communications provided by Boult One under the Agreement, including the notifications or communications regarding amendments to the Agreement, shall: (1) be delivered by email; or (2) be released on Boult One. Any notification delivered by email shall be deemed served on the date of receipt of the email. 

 

Boult’s failure to exercise any rights or provisions under the Agreement shall not be deemed a waiver of such rights or provisions. No waiver of such rights or provisions shall be considered effective unless made in writing and signed by a duly authorized representative of Boult One. Unless otherwise expressly provided in this Section, either party's exercise of its any remedy under the Agreement shall not affect its other remedies under the Agreement or elsewhere. 

 

  1. Applicability of Additional Provisions

Additional provisions may apply to specific products or services. If there is any conflict between these provisions and any additional provisions, the additional provisions shall prevail. 

 

  1. Contact Us

If you have any questions about the Agreement, please contact us. 

 

E-mail: support@boultaudio.com 

Address: B67, Wazirpur, Wazirpur Industrial Area, New Delhi, Gurugram, Delhi 110052 

Phone: +919555602502 (For Whatsapp support) 

Website: https://www.boultaudio.com/pages/support 

 

  1. Know your Rights

In addition to being able to update your data, you also have other data protection rights. This includes restricting us from using your personal information. 

You have the option to allow or disallow us to use your personal data. Only after your due consent we can use your personal information.