End-user license agreement
Effective Date: 01 Mar 2022 This End User License Agreement (“EULA”) applies to the DEFIT mobile App and any related website, application or service (collectively, the “Service” or “Services”). The Services are owned and/or operated by 360Sports Pte Ltd (“360Sports”, “we”, “us”, or “our”) and offered to you (“you” or “your”). The Service offers a convenient all in one platform for you to track your wellness in a summary score, as well as attend in person or remote group classes or personal training sessions (together referred as “Classes”). 3
We may amend this EULA and/or our Privacy Statement from time to time by posting the amended EULA or Privacy Statement within the Services or otherwise by written notice sent to you. Any amendments to the EULA and/or the Privacy Statement shall be effective 7 days after posting or delivery of written notice of such amendment. Your continued use of the Services following posting of an amended EULA and/or Privacy Statement constitutes your acceptance of the posted amendment.
IMPORTANT Carefully read this license before using the app. Using our app indicates your acknowledgment that you have read this license agreement and agree to its terms. If you do not agree with its terms, then you must not use our app.
IMPORTANT Exercise may be dangerous and must be conducted with care. If you feel unwell, always consult your general practitioner.
The DEFIT mobile App (the “App”) is licensed to you, not sold. Our App is provided under the following license and is subject to the following terms and conditions.
LICENSE TERMS AND CONDITIONS
Subject to the terms and conditions of this EULA and your payment of any required fees (if applicable), 360Sports hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Services, and otherwise use the Services to the extent permitted by its intended functionality and not for the sublicense to or use by third parties. You may only access and/or use the Services through the App or intended methods that 360Sports makes available to you. Any access or use of our Services through an application, service, or method provided by a party other than 360Sports is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. You agree not to reproduce, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the App and you may not transfer or distribute it in any form, for any purpose. Any other use not authorized herein, or by 360Sports in writing, is strictly prohibited and a violation of this EULA. 360Sports may revoke and/or terminate the foregoing license with respect to any aspect of the Services or discontinue offering the App at any time, for any or no reason. In the event 360Sports discontinues offering the App, this EULA and your rights under it shall terminate immediately. The disclaimers of warranty and liability contained in this EULA shall survive such termination.
You are prohibited from selling, renting or leasing the App to any other person or third party. You acknowledge that the App should be used only for general information purposes and you should not rely on the App for any life or death situation. The Services are only available in certain selected locations. We may restrict access to the Services from other locations. 360Sports makes no commitment to provide any support or maintenance for the Services.
In order to create your profile, publish a post or register for Classes you need to create an account on the App. We reserve the right to terminate your Account at any time. You can update your profile information in the settings section and you can delete your account there if you decide to.
Our App is currently free of any membership charge but offers paid live Classes that you can register for on-demand basis. Personal training sessions organized via our Service are conducted outside our Service after payment has been made to the trainer via our Service.
During higher intensity exercise (such as running), stress measurements (such as heart rate) may be less accurate or not shown at all. The stress and rest metrics only provide general guidance about your activity and stress level. This device is not a medical device. Stress and recovery data are not intended to be utilized for medical purposes or to diagnose, treat, cure or prevent any disease or condition.
The Services are provided on an “As Is” and “As Available” basis and you agree to use them at your own risk. To the maximum extent permitted by applicable law, 360Sports disclaims any and all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. 360Sports makes no representations or guarantees that the Services will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, interruption or other security intrusion, or will not contain content you deem offensive, indecent, or otherwise objectionable, and 360Sports disclaims any liability relating thereto. 360Sports makes no guarantees, representations, or warranties that the use of or the results of the use of the Services will meet your requirements, be accurate, reliable, current, or that operation of the Services will be uninterrupted or error free. Some jurisdictions may not permit the exclusion or limitation of certain liabilities. To the extent applicable local law specifically and expressly prohibits such exclusions or limitations, those such exclusions or limitations set forth below may not apply to you. 360Sports cumulative liability to you or any party related to you for any losses or damages arising out directly, indirectly or consequently to the use of our Services or relating to this agreement will not exceed the amount you actually paid for the applicable portion of the Services at issue within the twelve-month period immediately preceding the date of your claim. This limitation applies to all causes of action or claims in the aggregate, including, without limitation, breach of contract, breach of warranty, indemnity, negligence, strict liability, misrepresentation, and other torts. In no event shall 360Sports be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, or lost profits, regardless of the cause of action on which they are based, even if 360Sports has been advised of the possibility of such damages occurring. We do not give warranties of any kind, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose. Neither party will be responsible, liable, or held to be in breach of these terms for any failure to perform its obligations under these terms or otherwise, to the extent that the failure is caused by the other party failing to comply with its obligations under these terms, or by the negligence or misconduct of the other party or its personnel. Each party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with these terms.
You agree to indemnify, defend and hold 360Sports and its affiliates, successors, assigns and their respective employees and agents free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, damages, fines, action, cost, expense, third party claims or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with any use or possession by you of the App.
USER SUBMITTED CONTENT
You should use good judgment when posting information, remarks, photographs or other content regarding other users, non-users, 360Sports or any third party. You may be held legally responsible for damages suffered by other users, 360Sports or third parties as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the App. 360Sports is not legally responsible for any user posts, submissions, even if a user submission is defamatory or otherwise legally actionable. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a post, a submission or Classes you hold or attend. You acknowledge that your use or belief upon any user submission posted in the App is at your own risk. 360Sports is not responsible for, and does not endorse, the opinions, advice, or recommendations posted or sent by users, and 360Sport specifically disclaims any and all liability in connection therewith. 360Sports does not confirm nor verify the qualifications, background, or abilities of users or the information they post.
RULES OF CONDUCT:
You agree that you will not submit any submission or post on the Service, including on our social wall, that:
- is defamatory, abusive, harassing or threatening;
- is bigoted, hateful, or racially or otherwise offensive;
- is violent, vulgar, or obscene, displays nudity or sexual activity, or otherwise harms or can reasonably be expected to harm any person or entity;
- is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a user submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
- infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
- advertise or offer to sell any products, services or otherwise (whether or not for profit), or solicit others (including solicitations for contributions or donations) for product or services non-related to wellness and/or sport activities allowed on our App;
- contains a virus or other harmful component, or otherwise tampers with, impairs or damages the App or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the App;
- is false or misleading or:
- does not generally pertain to the designated topic or theme of the App;
- violates any specific restrictions applicable to our App, incl. age restrictions and procedures; or
- is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
In addition, you shall not
- alter another website so as to falsely imply that it is affiliated with 360Sports or the App;
- use or access the App by any means other than through the interface provided by 360Sports.
- exchange the right to use the App for cash, property or other economic benefits other than as permitted by the 360Sports, if any.
- commit or engage in any acts that are in violation of this EULA, User Guidelines, etc.
360Sports cannot and does not assure that other users are or will be complying with the foregoing rules of conduct, and, as between you and 360Sports, you hereby assume all risk of harm or injury resulting from any such lack of compliance. 360Sports reserves the right, but disclaims any obligation or responsibility, to refuse to post or communicate or remove or ban any user submission on the App that violates these rules of conduct.
360Sports reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized and/or illegal use of the App, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier.
The trainer is solely responsible for the organization and conduct of Classes, including, but not limited to, technological tools used, respect of intellectual property, respect of third-party rights or safety of the Classes. 360Sports shall not, in any manner and at any time, be held liable for the organization or conduct of Classes.
360Sports takes its Intellectual Property rights seriously and will enforce its Intellectual Property rights throughout the world within the scope of the applicable legislation. You acknowledge and agree that any and all Intellectual Property rights, including without limitation applications, analytical data, photographs, hardware, models, computer software, ideas, design, know-how, trademarks, copyrights, inventions, products details, instructions, business plans and such other materials whether tangible or intangible owned by 360Sports or licensed to you in connection with the Services will be and remain the sole property of 360Sports or the respective third party. You agree to prevent any unauthorized copying, use, or distribution of the Services. Except as expressly provided herein, 360Sports does not grant any express or implied right to you under any 360Sports-owned or licensed copyrights, trademarks, trade secrets, patents, or other proprietary rights. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate information on your usage of our Services for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these terms. If you provide us with ideas, comments or suggestions relating to the Services (“Feedback”), all Intellectual Property Rights in that Feedback, and anything created as a result of that Feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and we may use or disclose the Feedback for any purpose.
This EULA shall be governed and interpreted in accordance with the law of the Republic of Singapore. Any dispute arising out of or in connection with these terms and/or or the Services, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator to be appointed by the Chairman of the SIAC and the language of the arbitration shall be English. The United Nations Convention on Contracts for International Sale of Goods does not apply to this Agreement.
360Sports and DEFIT are trademarks of 360Sports Pte Ltd, registered in Singapore and other countries. These trademarks may not be used without the express permission of 360Sports