Terms of Service
WeFit Labs, Inc. ("WeFit", "we", "our", or "us") makes the WeFit website, related mobile applications, and services (collectively, the “Services”) available to you subject to these Terms of Service (the “Terms”) and in accordance with the WeFit Privacy Policy (the “Privacy Policy”).
More information about the Services may be found at https://wefitlabs.com.
You agree to comply with these Terms and any supplemental terms which WeFit makes available to you on the Services, which shall form part of the Terms. WeFit reserves the right to review accounts and user actions on the Services to ensure compliance with our Terms. BY ACCESSING, USING, OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING "SIGN UP" OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of the Terms conflicts with the English version, the English version controls.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
The WeFit Services cannot be provided and the agreement described in these Terms of Service cannot be performed without WeFit processing data about you, and other WeFit users, including your location data. Processing of the data you share with WeFit, including location data, is essential to the Services we provide and a necessary part of our performance of the agreement we have with you.
Registration and Accounts
The Services are intended solely for persons who are 16 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To use the Services, you must register. In doing so, you agree to:
(a) provide true, accurate, current, and complete information about yourself (“User Data”) and
(b) maintain and promptly update the User Data. You agree that WeFit may use your activity data to provide Services that you access or use and as otherwise set forth in these Terms and our Privacy Policy. You also agree to create only one account for your personal use and not share your account or associated wallet with others. If you provide any User Data that is inaccurate or not current or if you create multiple accounts, WeFit reserves the right to suspend or terminate your account, reverse any points accrual, and refuse current or future use of the Services.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer, and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. However, we cannot guarantee absolute security, and we cannot promise that our security measures will prevent unauthorized third parties from illegally accessing the Services or its contents. You agree to immediately notify WeFit of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand the risks of unauthorized access to User Data and any other information or content you provide to WeFit.
You may be able to register for or log in to your account via third-party networks, such as Facebook or Google. If you do so, you hereby authorize WeFit to pre-populate the registration and other relevant information fields of your account and/or use such third-party credentials to log you into your account. By connecting your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
Payments and Fees
To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, third-party services like iTunes or Google Play, or any other method made available by WeFit) (the “Payment Method”). If you provide your payment information, you authorize us and certain third-party service providers, payment card networks, and payment processors to receive, store, and encrypt your payment information. You may switch to a different Payment Method or update your information by emailing help@wefitlabs.com. If you paid through the Google Play or iTunes store, you may change your Payment Method through the corresponding store account.
Content and Conduct
You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”). You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display any Content and any name, username, or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.
You understand that some content and information on the app uploaded by you (e.g., activity data, workout data, other health-related data, images, comments, segments, routes, map data, GPS data, and other personal data) may be published on a blockchain. Some of this data may be anonymized; in other cases, we will be clear about what is being published to the blockchain.
Dispute Resolution
These Terms contain provisions that govern how disputes between you and WeFit are resolved, including an agreement to arbitrate. If you have any dispute, it will be finally settled by binding arbitration administered by JAMS, in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions.
Disclaimer of Warranties and Liability
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY. WEFit AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Termination
You agree that WeFit may, under certain serious circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Services. Cause for such suspension or termination includes but is not limited to breaches or violations of the Terms, nonpayment of any fees, or extended periods of inactivity.
For questions regarding the Services and these Terms, please contact us at help@wefitlabs.com
