Terms of Use

TERMS OF USE
DAILY TRACKER ALAU.ME REWARDS PROGRAM

Last updated : February 29, 2012

1. What the Contract Covers

This is a contract between you and Lumen Spark LLC, 1700 7th Ave, Suite 116 #380, Seattle, WA 98101, below referred to as 'we,' 'us' or 'our'. This contract applies to the Daily Tracker Alau.me Rewards Program, (hereafter 'Program'). You may participate in the Program through Daily Tracker for iPhone and iPod touch. The program is time limited, available until February 28, 2013.

2. Program Overview

As a participant in the Program, you receive a unique, device specific Alau.me link, which points to Daily Tracker download page. Using your device specific Alau.me link, you can refer friends and family to download and purchase Daily Tracker.

If you are a referring user, you will receive 5.00 USD for each successful referral. If you are a referred user, you will receive a 5.00 USD rebate, redeemable via PayPal, when you purchase Daily Tracker.

Lumen Spark will determine what constitutes a Referral. A Referral is the act of an individual user, other than you, opening your Alau.me link in mobile Safari (on any iOS device such as an iPhone, iPod touch or iPad) and subsequently purchasing Daily Tracker app from the Apple App Store and running it on the same device and within a time period not to exceed 1 hour.

In order for the referral to be considered valid, Daily Tracker may not have been previously installed on that device. A Referral does not include any installation obtained as a result of the Alau.me link being shared by a bot or any automated or fraudulent means of any kind.

We encourage you to redeem your rewards as soon as possible. You must redeem your referral rewards no later than March 15, 2013. Rebates must be redeemed within 14 days after Daily Tracker purchase. Rewards earned in the Program are not valid in, and may not be used in combination with any other program offered by Lumen Spark or third parties.

Apple Inc. is not a sponsor or involved in the program in any way.

3. How to Participate in the Program

In order to participate in the program, you must have downloaded Daily Tracker for iPhone or iPod touch from the Apple App Store. Your device specific Alau.me link can only be obtained and accessed throughout the Rewards page in Daily Tracker.

In order to redeem your rewards, you will be required to provide your email address.

4. Collection and Use of Information in the Program

The information we collect in the Program enables us to record referrals and protect against fraud. This information includes the following:

Cryptographic Hash (SHA-256) of Alau.me device identifiers, from devices on which the app was opened. Note that Alau.me does not use the [UIDevice uniqueIdentifier] function, which has been deprecated in iOS 5.0.

IP address and time at which either the alau.me referral link or the app was accessed.

Your Email address in case you provide it voluntarily during reward redemption.

Aside from your email address, which you provide voluntarily when you redeem your rewards, we do not collect any personally identifiable information about you.

Moreover, we do not share this information with anyone and your data is transmitted securely using SSL encryption and stored in Amazon Elastic Compute Cloud (Amazon EC2) data center, using industry standard protection mechanisms. This information will only be made available to law enforcing agencies.

To protect against fraud and violations of this contract, we may also detect if your device is jailbroken. If your device is found to be jailbroken and we are unable to validate the referral, you will not receive any rewards or rebates.

5. How to Redeem Your Rewards

To redeem your rewards, please follow the directions on the Alau.me Rewards page in Daily Tracker. In case you are a referred user, please follow the directions on the Alau.me Rebate page. Your rewards will be transferred to you within approximately 3 days after you have redeemed your rewards. You will need to provide a valid email address in order to redeem your rewards. Once provided, the email address may not be changed.

6. Program General Conditions

Lumen Spark reserves the right to disqualify you, disable your access to the Program and/or withhold any rewards, if Lumen Spark believes you are tampering with or abusing any aspect of the Program or are otherwise suspected of activities that violate this contract or are otherwise unlawful. You are granted a license to use the Program during the time period specified in this contract. All questions or disputes regarding the Program will be resolved by Lumen Spark, whose decisions shall be binding on users.

7. How We May Change the Contract

Any changes Lumen Spark makes will be effective immediately. Changes will be posted on the Program site at http://alau.me/docs/d2/tou.html. Your participation in the Program after contract changes will be deemed as acceptance of such changes. If you disagree, then you must discontinue your participation in the Program. You should review the contract periodically to make sure you are familiar with the current version. The revision date is posted at the top of this document.

8. We make no warranty

We provide the Program on 'as-is', 'with all faults' and 'as available' basis. We give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

9. Notices We Send You and Consent Regarding Electronic Information

This contract is in electronic form. We may send you information in connection with the Program and additional information the law requires us to send you. If you do not consent to receive any notices electronically, you must stop using the Program.