Definitions
- Client: A person or organisation buying or subscribing to a ShareMyFitness product or service.
- User: A person who registers for free in ShareMyFitness.com, or related mobile apps, under a Client related product or service. The User registers with the purpose of sharing their fitness and health data with that Client through ShareMyFitness services.
- Continuous Monitoring: A ShareMyFitness membership product that gives the Client constant access to limited ShareMyFitness data aggregation and processing capabilities. When you buy this product, you become a Client and can register a limited number of users to share their data with you. The number that you can register is specified when you buy your membership. We sell this service as a monthly subscription.
- Queries: A ShareMyFitness memberships product that gives the Client access to a limited number of fitness data snapshots for a limited number of users. The number of users, data snapshots, and time to use them are specified for each membership cycle when you subscribe to this product.
Clarifications
- ShareMyFitness data aggregation and processing capabilities mean that we pull your users’ fitness and health data to digest it and present it to you.
- For the products “Continuous Monitoring” and “Queries” to work with any User, that User needs to authorise ShareMyFitness Limited to access his data, in the way we ask such authorisation.
- A ShareMyFitness data snapshot refers to getting the User health and/or fitness data for a given period to present that data to the requesting Client. For this to happen, the User needs to authorise ShareMyFitness to access their data. We ask for such authorisation, and the User has to be registered under the Client membership.
- In these Terms and Conditions and our Privacy Policy, we refer to our products “Continuous Monitoring” and “Queries” as “Membership”. So, when the term “Membership” is used, generalisation refers to those products.
1. This Service
The ShareMyFitness.com services are provided by ShareMyFitness Limited to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions. This service includes any configuration and combination of the products Continuous Monitoring and Queries and can be extended to include more services in the future.
2. Eligibility
You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.
3. Registration and Account Integrity
3.1 As part of the registration process, you will need to create an account, providing an email and a password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or email & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.2 Where we provide an organisation with access to a membership (Specifying a product type, number of Users to manage, billing cycle, and in some cases with a specified number of ShareMyFitness queries per membership cycle), the specified limits must be adhered to. Memberships cannot be shared between Clients or between a Client and a non Client. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the Client (Being the Client a person or an organisation).
3.3 If for any reason you suspect that your email & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their email & password or other details.
4. Pricing, Plans and Features
4.1 For current pricing and plans, please see the “Sharing Plans” section located on our website.
4.2 We reserve the right to change pricing, plans and the features offered at any time and without notice to you.
5. Payment and Credit Control
5.1 All memberships are billed monthly in advance. Your monthly payment will be due from the date you get the membership, and later the same date each month onwards.
5.2 If you upgrade from a free or trial account you will be immediately charged for the necessary full account or accounts. Your monthly payment will be due from that date each month onwards.
5.3 Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.
5.4 It is a condition of use that a valid debit or credit card is provided at all times for your membership or memberships to remain active.
5.5 Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason), access to your membership or memberships may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your membership or memberships.
6. Cancellation
6.1 You may cancel your account or accounts at any time.
6.2 Cancellation should be done using the facility provided within the Service.
6.3 Cancellation by any other means, including (but not limited to) email, telephone call, fax, text or instant message is not valid.
6.4 No refunds will be provided for remaining unused days under a monthly account or accounts.
6.5 For 12-month accounts (where offered) a refund will be offered for all complete remaining months of the service not used. No refund will be offered for days remaining in the month of cancellation.
7. Upgrading or Downgrading Memberships
7.1 Clients have the ability to upgrade or downgrade their memberships and the services offered at any time.
7.2 Where a membership is downgraded the applicable Client will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the membership connected to the downgrade.
7.3 Clients should backup and download their data prior to requesting a downgrade in service.
7.4 No refunds will be offered for downgraded monthly accounts that have been downgraded before the monthly charge is due on the account. The new lower monthly charge will be automatically applied on the usual date of the monthly charge.
7.5 Where a membership is upgraded, a prorate amount will be charge to cover the price difference between the prior and the new membership plans for the remaining days of the current billing cycle, and the new higher monthly charge will be automatically applied on the next usual date of the monthly charge.
7.6 In the case 12-month accounts (when offered) a partial refund will be offered for all complete remaining months of the service where the user downgrades the account. No refund will be offered for days remaining in the month of the downgrade.
7.7 Where a 12-month account is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.
8. Trial, Offer Periods and Free memberships
8.1 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
8.2 Only one Client may use a single free or trial membership, the account with the membership cannot be shared amongst multiple Clients or between a Client and a non Client.
8.3 These Terms and Conditions apply to all trial, offer period and free memberships.
8.4 Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
9. Technical Support
9.1 Technical support is provided via email and such other means as we decide in order to provide a proper service to users.
9.2 We reserve the right not to provide a full technical support service to free or trial memberships Clients and their related users.
10. Specific Service Rules
10.1 As a user you agree not to do any of the following:
- Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third-party.
- Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
- Use or harvest data provided by Users in a way that they would object to.
- Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
- Supply or post content calculated to deliberately mislead other clients, users or third parties; including content falsely made to appear from or be endorsed by us.
- To pose as another user, third-party or organisation employee for the purposes of obtaining user or third-party information.
- To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
- Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by clients, users and us.
- Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
- Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third-party or infringes any intellectual property law.
- Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
- Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
10.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. This will produce your immediate account suspension, and we may take legal action against you.
10.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
11. Content Ownership
11.1 As a Client or as a User you retain all ownership rights to content provided by you,even when you may voluntary share it with other Users and Clients of ShareMyFitness.
11.2 As a Client or as a User you warrant that any content provided by you does not belong to a third-party whose rights have been violated by the content being posted on to the Service. Furthermore, if any content is owned by a third-party you agree to pay all royalties, fines and settlements owed to that-party, without seeking any contribution from us.
11.3 As a User you fully agree to share your data to the Client you registered to work with in ShareMyFitness. You acknowledge that data sharing is an indispensable requisite for us to deliver our Service, and you accept that.
11.4 As a user, you declare to personally know the Client you registered to work with in ShareMyFitness, being fully aware of how that Client will use your data. Additionally you accept that we (ShareMyfitness Limited) have no control or influence on how that Client may store, keep and use your data.
12. Copyrighted Material
12.1 We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any Client or User who are not the legal owners of such content.
12.2 Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
12.3 If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing (by email).
13. Content Monitoring
Users and clients can freely add content or data to the Service. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or data or the conduct of any users or clients at the time or in the future.
In the case of fitness and health data provided by the Users, we ensure that we collect that data from trusted and recognised data providers, and it is the sole User responsibility to generate and store real and accurate data with those data providers. Any Client recognise this, and acknowledge to accept this level of confidence.
14. Termination
14.1 We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a Client or User you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
14.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 11 and 18.
15. Access and Backups
15.1 We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, in the event the Service is unavailable or functioning incorrectly either wholly or partly we shall offer (where possible) the opportunity of repeat performance of the Service we should have offered to you in the first place – where appropriate and practical. Where this is not possible we will offer full or part-refunds subject to clause 17.3 below.
15.2 Refunds will not be offered where a third-party provider who supplies a service to you as a Client, or to any User registered under your membership or memberships, rather than us causes the issue.
15.3 You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service.
15.4 Failure or inaccessibility of cloud API services, or any other data and information system, from activity tracking companies are included in 15.2 as issues not causes by us but by the provider selected by your User. Those providers included, and are not limited to the companies or brands: Garmin, Fitbit, Misfit, Withings, Nokia Withings, Google, Apple, Polar.
16. Disclaimer
16.1 We are not responsible for the accuracy of any content on the Service, (except where such Content is created by us) nor any advertisements placed on the Service.
16.2 We are not responsible for any links to third-party websites from the Service and the inclusion of any link does not imply an endorsement of a third-party website or service by us.
17. Limitation of Liability
17.1 We shall be not be liable to you in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.
17.2 Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.
17.3 When a Client subscribe to a membership product with ShareMyFitness, that Client must invite just Users who has a pre-existing relationship with. ShareMyFitness will enable those users to share totally or partially “as is” data with that Client, and ShareMyFitness is in no way liable or responsible for the quality of that data or any advice or action that can be generated from that, therefore ShareMyFitness is not responsible for Users health and safety at any time.
18. Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third-party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.
19. Privacy
Please see our Privacy Policy.
20. Severability
The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
21. Waiver
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
22. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you.
23. The Consumer Rights Act 2015
These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply where you use the Service strictly as a consumer only.
24. Jurisdiction
These Terms & Conditions shall be interpreted, construed and enforced in accordance with Scottish law and shall be subject to the exclusive jurisdiction of the Scottish Courts. Where applicable, your statutory rights are unaffected.