Limited license agreement to use the service
Subject to your acceptance of and continuing compliance with our Terms of Service you will receive, a limited, revocable, non-sub licensable, license to use the service. You can use the Service only for non-commercial and personal use by installing the Application on a mobile device. You may not use the Service for any other purpose, or use any other method to access the service. You may not copy, modify, transmit, distribute, reproduce, license, create derivative works from, transfer or sell for any commercial purposes any portion or all of the Service.
Tough Zebra Inc. reserves the right to suspend or revoke your license to use the service if you violate the license limitations set forth here. You agree that under any circumstance you will not do the following:
a) Using cheats, bots (automatic software), hacks or any third-party software to access or modify the service in any manner not expressly authorized by Tough Zebra Inc.. This includes influencing or/and facilitating or automating gameplay.
b) Modify or cause the modification of any part of the software, including any files that are part of the service.
c) Commercial use: Commercial use of the service without the expressed written consent of Tough Zebra Inc. is prohibited. you cannot use the service or part of it for any commercial use such as use at a commercial establishment, sales of in-game currency, power-leveling and account boosting in exchange for any form of currency.
d) Create, facilitate or maintain any form of unauthorized connection to the Service, this might include but is not limited to connection to an unauthorized server that emulates, or attempts to emulate the service or a connection using software tools not expressly approved by Tough Zebra Inc.
e) Data mining: You cannot utilize any software or unauthorized process in order to intercept, read, collect or "mine"any form of information generated or stored by the service. Please be advised that Tough Zebra Inc., at its sole and absolute discretion, may permit the use of some third-party user interfaces.
f) Esports: You may not use the service for any "esports"or group competitions without obtaining written authorization from Tough Zebra Inc.. This includes any event sponsored, promoted or facilitated by any commercial or non-profit entity.
g) Disrupting or assisting in the disruption of any computer used to support the service as well as disruption of any other player's experience with the service.
Health and Safety Warnings, Medical Disclaimers
By using the service, you acknowledge that it is intended to be used for athletic and fitness activities such as but not limited to, treadmill walks/workouts, cycling, and other stringent sports. You expressly agree that engaging in athletic/fitness activities as part of the service can carry certain inherent and important risks such as bodily injuries, property damage, or death and that you voluntarily assume all known and unknown risks involved with these activities even if caused in whole or partially by the action, inaction or negligence of Tough Zebra Inc. or by the action, inaction or negligence of other persons or legal entities. You also expressly agree that Tough Zebra Inc. does not assume responsibility for the inspection, supervision, preparation, or conduct of any sort of contest or competition, gathering, or event that uses the service.
You should consult your physician prior to using the service in connection with any form of athletic and fitness activities. This is very important for persons with pre-existing health problems. You must discontinue any use of the service or engaging in any such fitness activities if they cause you pain, fatigue, nausea, dizziness, discomfort or shortness of breath and consult a physician or medical expert.
You must start the athletic activities slowly in order to warm up and at an effort level appropriate for your health condition and never overexert yourself. Take breaks often and stop and rest if you become tired, or feel uncomfortable. Never use the service or engage in any such fitness activities under the influence of drugs or alcohol. Before starting any athletic activity using the service, make sure your physical abilities are sufficient for any such activities.
Release of Liability:
You expressly agree to release Tough Zebra Inc., its employees, partners, subsidiaries, affiliates, officers, agents, representatives, licensors, and other users and participants from any and all liability connected with your athletic and fitness activities in connection with the service, and promise not to sue the aforementioned for any actions, injuries, damages, claims or losses associated with your athletic and fitness activities in connection with the service.
Use of Third Party Equipment
You acknowledge that use of the service may require the use of third party equipment such as treadmills, cycling machines, foot pods and smart watches. Tough Zebra Inc. does not guarantee that third party equipment will function with the service or will be error-free. in addition, Tough Zebra Inc. does not accept any responsibility for your purchase, acquisition or use of any third-party equipment.
Accounts and membership
You may establish an Account only if you are a "natural person", and an adult in your country of residence or at least 18 years of age to use this Mobile Application. No legal or business entities may establish an Account without Tough Zebra Inc.'s prior consent.
By using this Mobile Application and by accepting this Agreement you warrant and represent that you are at least 18 years of age. If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.
Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT you create on our service, AND ALL RIGHTS IN AND TO THE ACCOUNT ARE OWNED BY Tough Zebra Inc.. In addition, you cannot transfer any Accounts to another person. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift, or trade any Account. Any such attempt shall be null and void and will result in termination of your Account.
By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
We do not own any data, information or material ("Content") that you submit in the Mobile Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor Content in the Mobile Application submitted or created using our Services by you. Unless specifically permitted by you, your use of the Mobile Application does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). Sensitive and private data exchange between the Mobile Application and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of information
Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or on any related Service has been modified or updated.
We perform regular backups of the Content; however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Tough Zebra Inc. or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Tough Zebra Inc. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Tough Zebra Inc. or Tough Zebra Inc. licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Tough Zebra Inc. or third-party trademarks.
Disclaimer of warranty
You agree that your use of our Mobile Application or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. Tough Zebra Inc. AND ITS OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS AND LICENSORS HEREBY expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Tough Zebra Inc., its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Tough Zebra Inc. has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Tough Zebra Inc. and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Tough Zebra Inc. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Tough Zebra Inc. and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application or Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Ontario, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Ontario, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are is free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.
If you have any questions about this Agreement, please contact us.
This document was last updated on January 30, 2019