ActiGraph Version 6 Maintenance and Support Agreement Policies


Terms and Definitions

Major Release Number (aka ‘Major Builds’) – The first number in the release number (e.g., ‘6’ in ‘6.1.2’). Major releases typically involve platform-level changes which may change how the program is installed, the requirements of installation, and even perhaps the terms of maintenance.

Minor Release Number (aka ‘Minor Builds’) – The second number in the release number (e.g., ‘1’ in ‘6.1.2’). This number typically indicates new improvements, features and bug fixes over the previous minor release.

Build Release Number (aka ‘Bug Builds’) – The third number in the release number (e.g., ‘2’ in ‘6.1.2’). This number typically indicates bug fixes or patches from problems found since the last minor release.

Policies on Upgrades

ActiLife6 owners will automatically receive all major, minor and bug builds released by ActiGraph for up to one year after initial purchase or upgrade to ActiLife6, that is until the end of that user’s maintenance and support agreement. After the expiration of the maintenance and support agreement, users will receive all bug build releases associated with their latest minor release. For example, users who were eligible for 6.3.0 prior to the expiration of their maintenance agreement will receive all bug builds released for that version (6.3.1, 6.3.2, and so on) regardless of the expiration date on the agreement. Bug builds identified during development of minor releases will be retroactive but only for the two most recent minor releases. For example, bugs identified in 6.4.0 will be rolled back to 6.2.x and 6.3.x, but not to 6.1.x. This will afford users the benefit of bug fixes for some time after expiration of the maintenance agreement and will ensure, as much as possible, stable software.

Policies on ActiLife Version 6 Renewals

Users will be invoiced the applicable renewal fee preceding the expiration of their maintenance and support agreement. Failure to renew the agreement will result in termination of the maintenance and support agreement and the aforementioned licensing terms will apply. Pricing for maintenance and support renewals and for ActiLife first-time purchases is subject to change without notice from ActiGraph or ActiGraph’s distributors.

Policies on Premium Support

ActiLife users with an active maintenance and support agreement will be entitled to unlimited 24 hour Premium Support, meaning that all telephone calls and emails received by ActiGraph Customer Support will be returned within one business day. Inquiries submitted by users without an active maintenance and support agreement will be handled on a case by case basis in the order in which they were received. Any inquiries relating to major bugs or security issues will be given top priority, regardless of status of the customer’s maintenance and support agreement.

These terms are subject to change at any time. In the event of a change of terms, ActiGraph will notify all licensed ActiLife users of these changes.

Disclaimer of Liability

Neither ActiGraph nor any of its employees shall be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone’s use of the information. In no event shall ActiGraph or its employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement or substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this system, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action.

How To Contact Us

Should you have other questions or concerns about these privacy policies, please call us toll free at (877) 497-6996 or send us an email at support@theactigraph.com.


ActiGraph Shipping Policies


Domestic Shipping

We want to set accurate processing and delivery expectations for you, the customer. We process orders Monday through Friday 7:30am to 2:30pm central standard time. You can expect your order to be processed within 3-5 business days. Orders placed after 2:00pm central standard time will not be processed until the next business day. Please note that we do not process orders on weekends and major U.S. holidays. After an order is completely processed it will ship out via FedEx on 2 day delivery. Overnight and Saturday deliveries are an extra charge and must be specifically requested. On the day your package is shipped out, you will get an e-mail confirmation from FedEx that will give you the tracking number and date of delivery. !!!!!! IMPORTANT NOTICE-FedEx will not deliver to a P.O. Box !!!!!!

Brazil Shipments

Due to import issues with Brazilian Customs, no orders will be shipped by ActiGraph directly to Brazil. If you are a customer located in Brazil, please contact the ActiGraph sales department at telephone number 1-877-497-6996 to arrange for a freight forwarder to handle delivery of your order. Orders going to Brazil cannot and will not be processed online through the ActiGraph web-store.

International Shipping

Orders will be processed the same way as the above Domestic Shipping procedures. International customers can expect receipt of the FedEx shipment within 3-5 days upon shipping the package from the U.S. For International orders, any taxes or duties assessed by customs will be the responsibility of the recipient. If an order is refused and/or sent back for any reason, the customer is responsible for return shipping charges. International orders must be cleared through customs and this process has been shown to possibly delay the arrival of the shipment by a few days. International customers will also receive an e-mail confirmation from FedEx the day the package ships out detailing the expected date of delivery and the tracking number.

Please keep in mind that your government or another entity in your country may impose a charge for custom and/or brokerage fees, duties and taxes on items received from the US. These charges do not originate from ActiGraph nor do we benefit from them in any way. You are responsible for payment of all custom and brokerage fees, duties and taxes that may be imposed when these goods are imported into your country. Since these fees will vary from country to country, we do not know what your fees will be and advise you to contact your local government customs agent to determine the rate for the products you would like to purchase. ActiGraph will not declare a value lower than the actual charge for the merchandise to avoid these fees. If a parcel is returned due to non-payment of duties/taxes, the customer will be billed for any and all additional shipping charges.

Tracking a Package

You can track your package two ways. You can use the Federal Express (FedEx) website, or by calling their toll free number 1-800-463-3339.

Returns

All sales are final.

Warranty

Units being replaced under a warranty condition will not be shipped to the customer until the failed units have been received and verified to be warranty failures. The customer may opt to immediately have a replacement unit shipped to them prior to ActiGraph receiving their failed unit. In this case, ActiGraph will obtain a valid credit card from the customer to secure the return of the failed unit(s). If the failed unit(s) has not been returned within ten business days of the customer receiving the new unit(s) the credit card will be charged the single unit rate.

All ActiGraph hardware products are covered by a limited warranty which shall provide coverage for a period of one year from the date of original purchase against defects in manufacturing including faulty electronics and/or damages to the mechanical structure not inflicted by the customer. Returned products shown to be damaged by the customer will not be replaced but rather returned in their current condition. If repair is not possible, ActiGraph will replace the faulty item with a new, used, or factory refurbished functionally equivalent device. It is possible that due to device obsolescence or natural product evolution that the customer may receive a slightly different model than the one returned. NOTE: ActiGraph recognizes the importance and urgency of our customer’s work and as a result we strive to complete warranty repair as quickly as possible. Customers can expect a typical turn around time of ten business days.

The customer will be responsible for shipping fees incurred for transport of the device to ActiGraph’s facility. During the twelve (12) months of the warranty period ActiGraph will cover the return shipping costs, using standard shipment methods. A shipping and handling fee will be assessed if the repairs occur after twelve (12) months from the original purchase date. For Federal Express domestic shipping we will apply a $25 fee and international we will apply a $75 fee.

If you need to request an RMA, please go to the RMA Section on the ActiGraph Support Site.


ActiGraph Terms of Use


Our Commitment To Privacy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

The Information We Collect

If you elect to purchase ActiGraph products or software licenses/subscription, you will be required to provide us with certain personal information, including your name, organization, e-mail address, phone number, credit card number, expiration date, and billing address (this required information is subject to change from time to time). There may also be opportunities for you to provide us with additional information regarding your preferences and interests. This additional information, however, is not required and is completely optional on your part.

The Way We Use Information

We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. We use the information you provide about yourself when installing software applications to internally track program ownership, provide technical support and occasionally send alerts regarding any updates or changes to the program. We may use non-identifying and aggregate information to better design our website and to share with advertisers.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Communications from ActiGraph

We send some of our users a monthly newsletter, which contains relevant articles and alerts you to new features, content, and services, premiums available on our site. From time to time, we may also send marketing communications, such as offers for new products and services from ActiGraph, special sales promotions, and alerts of ActiGraph news and events. These communications are sent to you directly by ActiGraph. We do not share your personally identifiable information with any third parties in connection with the newsletter or other marketing communications. You can opt-out from receiving the newsletter or any other marketing communications by following the “unsubscribe” links at the bottom of each email.

Our Commitment To Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Our Commitment To Children’s Privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.