EvoSport Terms of Service
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Welcome to EvoSport. By using, registering for, or accessing EvoSport, or any of our associated mobile applications for Apple or Android or Web applications and sites (collectively, the “Service”) you agree to be legally bound by these Terms of Service (the “Terms”).
We reserve the right to alter, modify, or replace the Terms at any time. Your continued use of the Service following notification of any changes to these the Terms shall constitute acceptance of the revised Terms.
1. No Medical or Health Advice
(a) The Service is not intended to diagnose, treat, cure, or prevent any disease, illness, or health problem. The Service is not intended to provide health or medical related advice. If you (i) have any medical condition, (ii) are taking any medication, (iii) are pregnant, or (iv) have chest pain, joint pain, or shortness of breath, you agree to consult a physician before using the Service. If you experience any discomfort when using the Service, you agree to immediately discontinue use and consult a physician.
(b) If you experience a medical emergency you should immediately discontinue use of the Service and call for emergency medical assistance. We shall in no way be responsible for any medical or health problems that may result from using the Service, interacting with other users, or relying on advice or information made available through the Service. You agree to use the Service at your own sole risk.
1. Subject to your compliance with the Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and utilize the Service. In order to activate your license, you must register for a user account with the Service (an “Account”). Your license and your Account may be terminated at any time without notice for any breach of this Agreement.
(a) By registering for an account, you agree to the following:
1. You are at least 18 years of age, or between 16 and 17 years of age with parental consent to use the Service;
2. All information you submit to or share with the Service will at all times be truthful, accurate, and complete;
3. You will not use the Service to share any uploads, information, messages, or other data (collectively, “User Content”) that are illegal, defamatory, inappropriate, or abusive to other users;
4. You will not misuse or misrepresent the ownership of intellectual property, including, but not limited to, copyrights, trademarks or patents;
5. You will not disrupt, or attempt to disrupt, the Service's security, connectivity, data, or accessibility; and
6. You will not make, or facilitate any third party in making, fraudulent purchases.
(b) We may refuse to offer the Service to anyone at any time.
1. You may elect to purchase certain services, subscriptions, or application enhancements through the Service (each an “In-App Purchase”). When you make an In-App Purchase, you are doing so through Apple Internet Services and you are agreeing to Apple Media Services Terms and Conditions.
3. Intellectual Property
1. We and our licensors own the rights to all intellectual property found throughout the Service, including copyrights, trademarks, and patents. No license, assignment, or sale of such intellectual property has been made to you. We reserve all rights to the intellectual property on the Service.
4. EvoSport App
1. You may create a special Account to operate EvoSport. Some Accounts are subject to a subscription charge, which may be purchased through the Apple or Android store (the “Subscription”) or Stripe via the mobile application or site.
5. User Content
1. The Service may, through use of your smartphone or a peripheral biometric device, collect health and personal data about you (“User Content”). User Content shall also include any information, photographs, videos, or other data uploaded to the Service in any way. You are solely responsible for your User Content.
2. Your User Content is used in the Service, to provide you with features and insights based on such data (for example, fitness estimates based on age).
3. You have access to your User Content via the Service and can export your data anytime through the Service.
4. You may ask us to delete all your User Content from the Service (‘right to erasure’).
5. You should back up your User Content to guard against loss. We shall in no way be responsible for any loss of User Content or other data.
6. Your User Content might be anonymized and used for research purposes.
7. Your data is not shared, distributed, used by or sold to a third party unless you explicitly authorize transferring data to a third party service within the app (for example, if you authorize sending your data to the stats processing service).
6. Third Party Information
1. The Service may contain links to third party websites or applications. Additionally, users may provide you with links to third party websites or applications. We have no control over the content of these third-party links and you agree to visit or access these links at your own risk. Please use caution when accessing any link unaffiliated with the Service.
7. LIMITATION OF WARRANTIES AND DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON “AS-IS”, “WHERE-IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE (AND OUR SUPPLIERS AND LICENSORS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE TO YOU ON A TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, COMPLETE, TRUTHFUL, RELIABLE, OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL CODE.
IN NO EVENT SHALL WE OR OUR AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF, OR IN ANY WAY RELATED TO, YOUR USE OF THE SERVICE, YOUR RELIANCE ON INFORMATION FOUND ON THE SERVICE, OR YOUR INTERACTION WITH ANY USER ON THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, FRAUD, STRICT LIABILITY OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE PARTIES AGREE TO WAIVE THEIR RIGHTS TO PARTICIPATE IN ANY CLASS ACTION OR GROUP ARBITRATION AS IT RELATES TO THE SERVICE OR THE TERMS.
YOU MAY USE CERTAIN PERIPHERAL DEVICES IN CONJUNCTION WITH THE SERVICE. WE DO NOT ENDORSE OR WARRANT THE USE OF ANY OF THESE DEVICES. YOU USE THESE DEVICES AT YOUR OWN SOLE RISK.
8. Terms Specific to Apple Devices
By accessing the Service on any Apple, Inc. (“Apple”) device, the following additional terms shall apply:
1. This agreement is made solely between you and us, and not with Apple. Apple is not responsible for the Service and that Apple has no responsibility to furnish maintenance or support for the Service;
2. The Service is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of the Terms as they are applicable to the Service;
3. You will not use the Service on any Apple device that you do not own or control;
4. In the event of any failure of the Service to conform to any applicable warranty, Apple’s sole warranty obligation to you will be to refund to you the purchase price (if any) of the Service;
5. You acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Service;
6. You acknowledge and agree that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
7. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
8. Both you and we acknowledge and agree that, in your use of the Service, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
9. Both you and we acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
9. Additional Terms
1. If any provision of the Terms is found to be unenforceable or invalid, that remainder of the Terms shall be enforced to the fullest extent possible.
2. The Terms shall be interpreted and construed by the laws of California and the United States. Any dispute arising from or related to your use of the Service or these Terms shall be brought exclusively in the state or federal courts of California competent to hear such dispute.
3. You may not assign your license or the Terms. We may assign the Terms as a condition of any sale, merger, or reorganization.
4. The Terms represent the full, final and complete understanding of the parties as it relates to the subject matter hereof.