WHAT THESE TERMS ARE AND WHAT THEY ARE FOR
These terms and conditions (“Terms” or “Agreement”) are applicable when you use our mobile software application Strongher (our “App”).
Please read them carefully before you accept them.
In these Terms, the users of our App are referred to as “User”, “you”, “your” and “yours”.
“We”, “us” and “our” refer to The Vibe Fitness Ltd, the company owning and operating the App.
At the time you download our App from the app store, you will need to confirm that you accept and comply with these Terms. These Terms constitute a legally valid and binding agreement between you and us.
These Terms apply to you no matter the device or technique you use to access our App. Sometimes other persons may use our App through your device. You are responsible for ensuring that all such persons are aware of and comply with these Terms.
If you are using our App as a representative of a company or other legal entity, you warrant that you are duly authorized by your company to enter into this Agreement and grant us any rights under this Agreement on your company’s behalf.
WHO WE ARE AND WHAT WE DO
Strongher is a trading name of The Vibe Fitness Limited, a private limited company registered in New Zealand, with its registered offices at Level 6/135 Broadway, Newmarket, Auckland 1023.
Our App targets women around the world and encourages them to exercise and live a healthy life. It includes exercise videos, information on health and nutrition, and a community through which women can exchange information and experiences.
GRANT OF RIGHT TO USE OUR APP
To let you download, install and use our App, we grant you a non-exclusive, non-transferable, non-sublicensable and revocable license, limited to download, access and use our App for personal, non-commercial purposes. The license is subject to all the terms and conditions of this Agreement. Any other use that is not in accordance with this Agreement is strictly prohibited without our prior written consent.
MISUSE OF OUR APP
If you use our App, please do so with respect. Do not misuse our App or help anyone else to do so. You must not knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our App, the servers on which our App is stored or any server, computer or database connected to it. You must not test the vulnerability of our App or network or breach or otherwise circumvent any security or authentication measures we have put in place.
It is a criminal offence to breach this provision. Should we find out that you breached this provision, we will report this to law enforcement authorities and we will cooperate with their investigations. This may include disclosure to such authorities of any personal information we hold about you. In addition to other remedies we may have in such event, this Agreement with you will be terminated immediately which means that your right to use our App ceases with immediate effect.
In order to use our App, you must be at least 18 years of age or the legal age in your country of residence to be able to enter into legally binding agreements. By using our App, you warrant that you are at least 18 years of age or such other applicable age in your country of residence.
There are various ways to start using our App. You can either sign in using the Facebook or Instagram log-in feature, or you can create an account with us directly using your e-mail address. If you use the latter option, you are only allowed to set up one account per User, unless we give you our prior written consent to do otherwise. Your account is personal to you, you may not transfer or assign your account to someone else.
Within our App you will be able to provide information about yourself in your profile. This includes your weight and height. You can also upload photos of yourself before and after a work-out.
You warrant that all information you provide us with when you sign up, is true, accurate and up-to-date and you agree that it is your responsibility to keep it that way at all times.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to anyone else. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
You can use our App free of charge during a 7-day trial. If you do not cancel your subscription via the settings in your app store on or before the end of the 7-day trial, you will be charged the annual subscription fee. Our annual subscription can be cancelled at any time. Please note that such cancellation will only be effective from the next billing period (year) on. This means that you will not be refunded for the remainder of the year in which you cancel your subscription. After that year, you will not be charged again.
As a User of our App, you will have the opportunity to participate in our community of women around the world. You will be able to ask questions, answer other women’s questions and take part in discussions. Please treat other Users with respect. Any text, pictures or other material you submit to our community together is referred to as “User Content”. Whenever you submit User Content, please make sure that you comply with the following rules:
You warrant that any User Content you upload complies with the above rules. You are liable to us and shall indemnify us and hold us harmless for any breach of that warranty. This means you will be solely liable for any losses or damages we or anyone else suffers due to User Content that does not comply with these rules.
Without prejudice to any other rights and remedies available to us, we have the right to remove User Content if, in our reasonable opinion, that User Content does not comply with our rules.
Any User Content that you upload or send to or through our App will be considered non-confidential and non-proprietary.
Should you submit any User Content in which any intellectual property rights exists, you retain all such rights subject to the following license. You grant us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sub-licensable and transferable license to use, store, reproduce, distribute, translate, prepare derivative works of, display, edit, adapt, broadcast and perform your User Content in connection with our App and the services provided via our App and to use your User Content to promote our App, in any media and in whatever form. You waive all moral rights that you have or may in the future have, in relation to your User Content, insofar as permitted under applicable law.
When you upload User Content to our App, you also grant other Users of our App and third parties such as our business partners and advertisers, a limited right to access, view and store your User Content and use such content for their purposes or in accordance with the functionality of our App.
We have the right to disclose your identity to third parties who claim that any of your User Content constitutes a violation of their intellectual property or other proprietary rights or of their right to privacy.
You are solely responsible for securing and backing up your User Content.
RIGHTS IN OUR APP AND CONTENT PUBLISHED BY US
We are the owner or the licensee of all intellectual property rights in and attached to our App, and in all content that we make available on it (“Strongher Content”). This includes, but is not limited to, copyrights in and attached to texts, graphics, designs, logos, photos, videos, graphic user interface, databases and software. Those works are protected by copyright laws and treaties around the world. All such rights are reserved by us. We also assert our right to be identified as the author of all Strongher Content.
You are not permitted to use our trade name and logo without our prior approval. All trade names and trademarks not owned by us that may appear in our App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Such trademarks are used for identification purposes only.
You must not use, copy, modify, distribute, transfer, publicly display, publicly perform, broadcast or in any other way exploit our App or any User Content or Strongher Content published on it, unless it is your own content. Any collection, aggregation, copying, scraping, duplication, display or any derivative use of our App as well as the use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission is expressly prohibited. Nothing in these Terms gives you a right or license to do so, unless as expressly stated in these Terms.
Our status and that of any identified contributors as the owners of Strongher Content must always be acknowledged. Any indications of ownership must not be removed or otherwise obscured.
We use a third-party payment processing service provider for the processing of all payments made in connection with our App. We are not responsible, nor can we be held liable, for any errors or failures in that third-party payment provider’s services.
All payments are subject to the terms of service of the payment provider for the processing of payments. By agreeing to our Terms or continuing to make payments via our App, you agree to be bound by such terms and conditions, as amended from time to time. You agree to provide us with accurate and complete information about you, and you authorize us to share any transaction information related to your use of the payment processing services provided by the third-party payment provider.
LIMITATION OF LIABILITY
We provide our App on an ‘as is’ basis, without warranties of any kind, whether express or implied. The use of our App is at your own risk.
We do not assume liability for any loss or damage, including liability for loss of data, loss of profits, loss of business opportunities, loss of goodwill, damages for personal or bodily injury or emotional distress, arising out of or connected with these Terms or the use of (or inability to use) our App.
It does not matter whether such claims are based on warranties, contract or tort, and whether we are informed of the possibility of such damages before they are incurred.
Should the above limitation of our liability for any reason be invalid or prohibited, in any event our aggregate liability to you shall not exceed the total monthly subscription fees paid by you in the 12 months preceding the date of the event giving rise to our liability.
You agree to indemnify us, keep us indemnified and hold us harmless and our officers, directors, employees and agents, from and against any claims, liabilities, damages (direct, indirect and consequential damages), losses and expenses (including reasonable legal fees), arising out of or in connection with (a) your breach of these Terms or other terms and policies incorporated in it by reference; (b) your improper use of our App; (c) your breach of any laws, regulations or third-party rights.
ERRORS AND VIRUSES
Although we make reasonable efforts to update the information in our App on a regular basis, we make no representations, warranties or guarantees, whether express or implied, that the content in our App is always accurate, complete or up-to-date.
We do not assume liability for any errors, omissions and inaccuracies in any information displayed in our App.
We do not guarantee that our App will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, software and platform to access our App. You should use your own virus protection software.
CHANGES TO OUR APP
We may update and change our App from time to time. For example to reflect changes to our services, our Users’ needs and our business priorities. We will try to give Users reasonable notice of any major changes.
WE MAY SUSPEND OR WITHDRAW OUR APP
We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
WE MAY TERMINATE YOUR ACCESS TO OUR APP
We may terminate or suspend your account or access to our App without notice and at our sole discretion if you breach any provision of these Terms or any other applicable law or regulation. We may, at our sole discretion, also take additional action, such as involve law enforcement authorities or issue legal proceedings against you. We may warn you before we take such action.
Terminating your access to our App may result in the forfeiture and destruction of all information associated with you.
CHANGES TO THIS AGREEMENT
The App reserves the right to update, revise, supplement and otherwise modify this Agreement from time to time. Any such changes to this Agreement will be effective immediately for new users, and thirty (30) days after notification for current users. Registered users are encouraged to review this Agreement periodically for changes. If you do not wish to accept any change, please uninstall and discontinue using the App. Your continued use of the App following the thirty (30) day notice period constitutes your acceptance of those changes.
TRANSFER OUR RIGHTS AND OBLIGATIONS
We may transfer our rights and obligations under these Terms to a third party, for example as part of a sale of all or part of our assets. We will try to give our Users reasonable notice of transfers and we will ensure that such transfer will not prejudice your rights and obligations under these Terms.
You may not transfer your rights and obligations under these Terms under any circumstances without our prior consent. Any such transfer shall be deemed null and void.
TERM AND TERMINATION
These Terms are effective from the date on which you accept these Terms (at the time of downloading our App) and remain in full force and effect until such time when we terminate this Agreement in accordance with the following paragraph, or when you cancel your subscription.
We may terminate this Agreement with you without prior notice if either one of the following situations applies:
When we terminate this Agreement in either one of the above mentioned situations, we will terminate your access to our App and/or delete your account and you will not be entitled to any compensation whatsoever. Your existing billed subscription will not be refunded.
When your account has been suspended or deleted, you do not have a right to have your account restored or reinstated. You may not register for a new account and you should refrain from attempting to use our App via another User’s account.
The invalidity, illegality or unenforceability of any term (or part of a term) of this Agreement shall not affect the continuation in force of the remainder of the term (if any) and this Agreement.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES
These Terms, their formation and interpretation are construed in accordance with and governed by English law.
You and us agree to submit any disputes arising out of or in relation to these Terms to the exclusive jurisdiction of the English courts.
As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including this provision, affects your rights as a consumer to rely on such mandatory provisions of local law.
© 2018 The Vibe Fitness Ltd