Fitness Teams – Additional Terms of Use
These Additional Terms of Use (the “Additional Terms”) will apply to your participation in the Fitness Teams Program (the “Program”) in addition to the 30 Day Fitness app’s EULA.
Anything that is not expressly regulated by these additional terms will be subject to the EULA. In case of contrast between the provisions of the Additional Terms and the EULA, the former shall prevail.
By participating in the Program, you agree to these Additional Terms and you agree to comply with and be bound by them.
Your participation in the Program is on a voluntary basis and it is not subject to the payment of any additional fee or subscription. This Program is a pilot test: as such it will have a limited duration and might be subject to changes and improvements. We reserve the right to use the information collected during the test (including the way you interact with the Program) to fully develop the final product.
- The Program
You will be part of a Fitness Squad organized through a platform such as Facebook Messenger and composed of a personal trainer and other users who use the 30 Day Fitness app (the “App”) and share similar goals.
You will be free to interact with the personal trainer or other team members on your Fitness Squad through Facebook Messenger or other digital platforms as from time to time communicated to you, or to participate in live group classes through a digital platform with a personal trainer, or work together with other users in small groups. We reserve the right to participate in the Facebook Messenger (or the platform of choice) conversations, or the group classes, for beta testing purposes. In particular, we might collect and use the information regarding the way users interact with the Program for research and development purposes and in order to identify potential issues to improve the pilot version of the Program.
Within your Fitness Squad, you will have the opportunity to work with a personal trainer who will assist, motivate, and encourage users to interact with each other and hold group live classes and send updates, including workout preparation.
- Term
These Additional Terms shall be effective starting from the date in which you accept them and shall terminate at the end of the test pilot or on the date when you stop using the Program or the App. We reserve the right to suspend or terminate the Program at any time. We reserve the right to update and change the features of the Program and the Additional Terms from time to time. In such cases, we will inform you in case of material changes. By continuing to use the Services or the Program after updates become effective, you agree to be bound by the updated Additional Terms.
- Information
Health information displayed by us or the personal trainer and used under the Program is for general informational purposes only. No medical advice is provided by the Program and the information should not be so construed or used as such. You should not rely on anything contained in the Program and you should consult a physician licensed in your state or country in all matters relating to your health.
- Content
BY SUBMITTING ANY COMMENTS, PHOTOS, INFORMATION, OR OTHER CONTENT, YOU ACKNOWLEDGE THAT YOUR CONTENT MAY BE LAWFULLY POSTED.
You are solely responsible for the content that you publish or display through the use of the Program or transmit to other users. You will not post or transmit to other users in any way whatsoever, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You shall defend, indemnify and hold us harmless from any claim, damage, loss, cost, fee, or other liability borne by us in relation to claims from other users or personal trainers or third parties in relation to your use of the Program.
- Relationship With the Personal Trainer
You acknowledge that any personal trainer that will participate in the Program is not our employee or agent but an independent contractor. To the extent not prohibited by the law, you agree that in no event we shall be liable for any statement, post, action or omission of the personal trainer under the Program.
- Disclaimer
You expressly acknowledge and agree that the material posted by us, the personal trainer or other users may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for enjoying the use of the Program. No portion such information may be reproduced in any form or by any means.
You further agree not to use the Program to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other user or personal trainers, or to “spam”, collect information about other users, advertise or solicit others to purchase any product or service or violate any other rules or codes of conduct that we may impose.
We have no obligation to do so, but reserve the right to remove, or refuse to post any content, in whole or in part, in in our sole discretion to comply with applicable laws or maintain the integrity of the Program. If we determine that you have breached our EULA or Additional Terms, we may suspend or permanently disable access to the Services and/or the Program.
We are not in any way responsible for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of your use of the Services or your participation in the Program.
- Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE PROGRAM HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Mobile Service, Internet and Service Fees
You are solely responsible for payment of any costs or expenses incurred as a result of participating to the program, including the use of Facebook or any other platform, including any wireless, network, data usage, and roaming charges.
Last updated: 17 July 2020
