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TERMS & CONDITIONS

OUTWRQ App

The App User Agreement

  1. Who we are and what these terms do

• Who we are, this App is offered by OUTWRQ Limited (we may refer to ourselves herein as “OUTWRQ”, “our”, “we” or “us,”). We are a company incorporated and registered in England and Wales with company number 10626715.

• What these terms cover and why you should read them. These terms govern the access or use by you, an individual, from any country or territory worldwide, of applications, websites, content, products, and services (the “Services”) made available by OUTWRQ. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE APP OR THE SERVICES. In these terms, the words “including” and “include” mean “including, but not limited to.” These terms tell you who we are, how we will provide the App to you, how you or we may end the contract, how we may change the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us straight away.

• How we may contact you. If we need to contact you, we will do so either through an email address provided by you to us or through the App.

• Our Services. The Services we provide through our App is a technology platform that will enable you, as a user of our App, to create, track and share workouts and view other users workouts.

  1. App use

• This App, any and all in-app purchases, updates and supplements are only to be used by people who have registered with us. All use also needs to be in accordance with these terms only. If you have not registered with us, or are no longer registered with us, you need to immediately stop using the App and delete it from your device.

• THIS IS NOT MEDICAL ADVICE. The app has not been developed to meet every requirement. The App is for general information and entertainment purposes only, so, before starting this or any other fitness program you should consult your GP or other health care professional to determine if it is right for you. If they advise against it, do not start the fitness program. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately and seek medical advice. The physical activities demonstrated on the App naturally carry certain inherent risks including personal injury. You recognise that you undertake these activities entirely at your own risk.

• We provide the App and the Services for you to track your fitness activities, workouts to follow and health tracking with apple watch and healthkit support. You’ll appreciate that this App isn’t a substitute for and doesn’t replace professional fitness, health or medical advice, opinions or treatment. The app does not create a Doctor-Patient relationship between you and OUTWRQ. Please always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program.

• You acknowledge that OUTWRQ does not provide personal training advice or physical services or function as a personal trainer. To the extent that the App or Services proposes workout routines or physical training intended to be personalized to your fitness goals, you recognize that by doing so, you do this at your own risk.

• This App is not a substitute for and does not replace professional fitness, heath or medical advice or treatment. If you have any concerns or questions about your health or your ability to participate, you must consult your GP or health care professional.

• You use the information on the App at your own risk. Although the app content is regularly screened to improve the validity of information, we make no representations, warranties or guarantees that such information is accurate, complete or up to date.

• You can only download, install and use this App on a device that you own or have permission to use for these purposes. You will be responsible for complying with these terms and for any use that is made of this App on another device, whether or not you own the device and/or if such use is with your knowledge or consent.

• The App should only be downloaded to and installed on a compatible device. Please read the App store listing for the App before downloading to ensure that your device is compatible.

• Keep updating your device. You must ensure that the operating system on your device is kept updated to the latest version available to you.

• Sometimes we might automatically update the App to improve the functionality, reflect changes that might be made to the operating system or sort out security issues. Please ensure you accept all updates we provide in respect of the App. If you choose not to install such updates or opt out of automatic updates you may not be able to continue using the App or you may find the functionality is reduced. The App will always match the description of it provided to you when you originally purchased it.

  1. Your account:

• You must keep any login details such as username, password and security questions confidential and not disclose them to any other person. If you have any reason to believe that they have been compromised, you must promptly reset them in the App using the ‘forgot password’ feature.

• You must not under any circumstances allow any other person to access the platform using your login details. Not only will it affect the functionality of the App as statistics and tracking will not be correct, but you will also be responsible for any actions taken by a person using your user account, whether or not with your knowledge or consent.

• Allowing others to access the App using your login details is a breach of these terms and may result in your right to use the App being suspended or us ending your right to use it.

  1. Your right to use the app:

In return for you agreeing to comply with these terms, you can:

• download or stream a copy of the App onto a compatible Apple device and view, use and display the App on such devices for your personal, non-commercial use only;

• receive and use any free supplementary software or updates to the App incorporating “patches” and corrections of errors as we may provide to you.

• You must be over 17 to accept these terms and to download and use the App and to make in-App purchases. We do not permit individuals under 17 years of age to become registered users of our App and to make in-app purchases. By downloading the App, you represent and warrant that you are at least 17 years of age and have the right, authority and capacity to enter into these terms and to comply with these terms.

• So that you comply with Apple’s terms, by clicking the accept box to setup an account, you confirm that it is possible that the App and/or its contents could be subject to government export controls or other restrictions. If you download anything from or use the App, you represent that you are not subject to such controls or restrictions. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.

• We are entitled to suspend or end your right to use the App in various circumstances including if you break these terms. If you cease to be able to access the App you will need to address this with us.

  1. Acceptable use:

OUTWRQ rules - This App is open to anyone that complies with these terms, and we want all members of our OUTWRQ community to feel welcome, so before you use the App, you agree that you will comply with our acceptable use requirements set out below at all times:

You will not access, store, distribute or transmit any viruses, code, programs or any material during the course of your use of the App or undertake any act or make an omission that:
• is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially, ethnically offensive or otherwise objectionable;
• facilitates illegal activity;
• act fraudulently or maliciously, for example by hacking into or inserting malicious code, such as viruses or harmful data into the App or any operating system;
• depicts sexually explicit images;
• promotes unlawful violence;
• is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;
• infringe our intellectual property rights or those of any third party (including by the submission of any material);
• in a manner that is otherwise illegal or causes damage or injury to any person or property; or
• could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
• collects or harvests any information or data from any system or attempt to decipher any transmissions to or from the servers running the App.

  1. Need help?

• If you need help (related to our App), contact OUTWRQ at support@outwrq.com.

• Credential/logging in issues. If you need help with access credentials such as password then please use the forgot password feature embedded within the application.

• App issues - It’s not Apple’s fault. Please do not contact apple if you have issues with the app. We will do our best to repair or replace the App where issues are found.

• Contacting us with complaints. If you think the App is faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at support@outwrq.com

• Reviewing the App. If you choose to leave a review of the App on the app store, or other review platform, please ensure that you do so only (a) in good faith, (b) in accordance with the app store, or other platform, rules and guidelines and (c) from an account in your own name. Remember, the app store, or other platform, review system should not be used to raise questions or bug reports regarding the App. If your review relates to, refers to, or is influenced by a question or difficulty you have with the App, you should leave it only after having raised the issue through the live chat and in App ticketing support system and waiting a reasonable amount of time to receive a response.

  1. Restrictions on the use of the app

Other things you can’t do. You agree that you will:

• not rent, lease, sub-licence, loan, provide or otherwise make available, the App in any form, in whole or in part to any person (animal, mineral, vegetable or spiritual being (etc.)), without prior written consent from us;

• not copy the App (except where such copying is part of the normal use of the App, is necessary for the purpose of back-up as mentioned earlier);

• not to side-load the App or otherwise install it other than via the relevant app store;

• not to translate, merge, adapt, vary, modify or alter the whole or any part of App, nor allow the App or any part of it to be combined with, or become incorporated in, any other programs except as necessary to use the App on devices as permitted in these terms (or except where permitted by law);

• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things;

  1. Content ownership

• OUTWRQ does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the OUTWRQ Services. By displaying or publishing (“posting”) any Content on or through the OUTWRQ Services, you hereby grant to OUTWRQ a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly (“private”) will not be distributed outside the OUTWRQ Services.

• You represent and warrant that: (i) you own the Content posted by you on or through the OUTWRQ Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the OUTWRQ Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the OUTWRQ Services.

• The OUTWRQ Services contain Content of Users and other OUTWRQ licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the OUTWRQ Services.

• Although the Site and other OUTWRQ Services are normally available, there will be occasions when the Site or other OUTWRQ Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of OUTWRQ. Also, although OUTWRQ will normally only delete Content that violates this Agreement, OUTWRQ reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by OUTWRQ in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, OUTWRQ encourages you to maintain your own backup of your Content. In other words, OUTWRQ is not a backup service. OUTWRQ will not be liable to you for any modification, suspension, or discontinuation of the OUTWRQ Services, or the loss of any Content.

  1. Payment Terms
    By selecting one of the paid subscription options provided by OUTWRQ, you are agreeing to the payment of membership fees outlined in this agreement and specified during the purchase process.

• Payment Method: Payment for the subscription will be facilitated through the relevant app store, and any additional terms or conditions related to payments and billing set by the app store will also apply.

• Billing Process: Payments will be processed either directly from you or through a third-party Payment Processor connected to your account on the Services. If a Payment Processor is utilized, its terms, conditions, and privacy policies will apply. OUTWRQ is not liable for any errors made by the Payment Processor. By opting for a membership, you are authorizing us, through the Payment Processor, to charge your chosen payment method. We reserve the right to rectify errors or mistakes, even after payment has been requested or received.

• Recurring Billing: Membership payment terms may involve an initial one-time charge followed by recurring charges based on your agreement. By opting for a recurring payment plan, you acknowledge the recurring payment feature. We may initiate periodic charges (e.g., monthly or annually) until you provide notice to terminate or change your payment method.

• Information Updates: It is your responsibility to provide current, complete, and accurate information for your Billing Account. Promptly update any changes to maintain accuracy. Notify us or the Payment Processor of cancelled Payment Methods or potential security breaches.

• Auto-Renewal: Monthly Memberships auto-renew each month, and 12-month Memberships auto-renew for successive periods. For annual memberships, we will notify you at least 30 days before automatic renewal. In case of termination, you can use your Membership until the current term ends, but no prorated refund is available. To avoid recurring charges, cancel before the current term expires.

• Authorization Reaffirmation: Continuing to use or not terminating your Membership reaffirms our authorization to charge your Payment Method. Charges may be submitted in advance, and you are responsible for payment, with no waiver of our right to seek payment directly from you.

  1. Protecting your privacy and Security
    • We are committed to protecting your privacy, and will only use your personal information in accordance with applicable data protection law. Our privacy policy explains how we use your personal information. All personal information we collect, use or otherwise process through or in connection with this App is subject to our Privacy Policy.

• As you know, internet transmissions are never completely private or secure and any message or information that you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

• By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our App and products.

• We don’t directly collect location data from you, though Apple may collect such data and we may receive such data (but you can turn location services off in your Apple settings).

  1. How are you covered if something goes wrong?
    If you LIVE in the UNITED STATES, then THIS CLAUSE 10 IS SUBJECT TO THE TERMS IN Clause 10 in respect of our liability to you. For everyone else, (OUTSIDE THE US), CLAUSE 10 does not apply so please read this clause 11 carefully).

• Although we don’t expect this to be necessary, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these terms or our failing to use reasonable care and skill. You’ll appreciate though, that we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

• We don’t exclude or limit our responsibility to you where it is unlawful to do so. This includes liability for death or personal injury caused by our gross negligence or the gross negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation by us. However, this does not mean that we are responsible for any personal injury or death caused as a result of you undertaking the workouts or using the App or Services as these are not individually tailored to you. As recommended in section 2, please see a doctor or medical professional to make sure you are good to go.

• When we are liable for damage to your stuff. If the App content that we have supplied is defective and damages a device or digital content belonging to you, we will either repair the damage or pay compensation. However, we will not be responsible for damage that you could have avoided by following our advice to apply an update offered to you free of charge, or for damage that was caused by you failing correctly to follow installation instructions or having the minimum system requirements in place.

• We are not liable for business or consequential losses. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

• We are not responsible for events outside our control. If our provision of support for the App or any additional services is delayed by an event outside our control (or if a server or the internet goes down, which means you can’t access the App), we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of a substantial delay, you may contact us to end your contract with us and receive a refund for any services you have paid for but not received.

• We recommend that you regularly back up any content and data used in connection with the App, to protect yourself in case of problems with the App. Although the App should not normally cause any loss of data relating to other Apps or otherwise unrelated to the App, we cannot be responsible if you suffer a loss of data which could have been avoided if you had backed up the device immediately before such loss.

• If the App does not comply with your rights. The law provides you with certain protections regarding things you buy. The law gives you protections that the App is: of satisfactory quality, fit for purpose and matches its description. If we haven’t complied with these when providing the App or the support services, then you can let Apple know and they will refund you the price you paid for the App.

  1. Other terms:
    • Your use of the App may also be controlled by Apple’s rules and policies, which you can find here https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html. These rules and policies will apply in addition to these terms. To the extent there is a conflict, the Apple rules and policies prevail. You will of course have to comply with your other programs terms with other providers too.

• From time to time, we may change, modify, supplement or remove portions of these terms to reflect changes in law or best practice or to deal with additional features which we introduce. If we do, you will receive a notification the next time you open the App and will be required to agree to the updated user agreement before you can continue to use the App. If you don’t accept these changes, you will not be permitted to use the App and may apply to the app store for a refund, which will reflect the period the App was available to you prior to cancellation.

• This document and any terms referred to in it make up the entire user agreement between you and us relating to your use of the App. You acknowledge and accept that, in agreeing to the terms of this user agreement you have not relied on any representation, undertaking or promise except as set out in this user agreement. Neither you nor we will have any remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that are not set out in these terms.

• We are not responsible for third party websites. The App may have links to other independent websites that are not provided by us. These sites are not controlled by us and we are not responsible for and have not checked and approved their content or their privacy policies. You will need to use your own independent judgement about whether to use such sites, including whether to buy any products or services offered by them.

• Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps in respect of your breaking this contract that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

• If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

• We are giving you personally the right to use the App as set out above in section 2. You may not transfer the App to anyone else, whether for money, for anything else or even for free. If you sell or give away any device on which the App is installed, you need to uninstall it before you sell the device.

• Apple and the other Apple group companies can enforce these terms on our behalf to ensure you comply. Other than this, nothing in this user agreement confers any rights on any party other than you or us.

• Unless you live in the United States, these terms are governed by English law and you can bring legal proceedings in respect of the App in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the App in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the App in either the Northern Irish or the English courts.

• Alternative dispute resolution for non-US residents. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Centre for Effective Dispute Resolution (“CEDR”) via their website at http://www.cedr.com/idrs. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. If you are resident in the US, please refer to the paragraphs below.

  1. If you live in the United States the following additional terms apply:
    • IF YOU CHOOSE TO USE THE APP, YOU DO SO AT YOUR SOLE RISK. OUTWRQ EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE THAT ARE NOT EXPRESSLY SET OUT IN THESE TERMS. OUTWRQ MAKES NO WARRANTY THAT THE APP OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN ADDITION, OUTWRQ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE APP OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE APP, OR THAT THE SERVICES OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.

• WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT ON THE APP (INCLUDING ANY THIRD PARTY USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APP OR THE SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

• Our maximum aggregate liability under or in connection with these terms (including your use of any App or Services) whether in contract, tort (including negligence) any cause of action or otherwise, or under any theory of damages, shall in all circumstances be limited to the amount you paid for the App.

• You agree to indemnify and hold OUTWRQ and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the App or Services; (ii) your breach or violation of any of these terms; (iii) OUTWRQ’s use of your information or (iv) your violation of the rights of any third party, including third party providers. We reserve the right to assume control of the defence of any third party claim that is subject to your indemnification, in which case you will cooperate with us in asserting any available defences.

• You agree that any dispute, claim or controversy arising out of or relating to these terms, the App or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and OUTWRQ, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

• You acknowledge and agree that you and OUTWRQ are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and OUTWRQ otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this section will be deemed void. Except as provided in the preceding sentence, this section will survive any termination of these terms.

• The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/consumer or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. These terms are governed by and construed in accordance with the laws of the State of New York, U.S.A., without giving effect to any conflict of law principles. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/consumer.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

• Unless you and OUTWRQ otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of documents you and OUTWRQ submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $25,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

• The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. OUTWRQ will not seek, and hereby waives all rights OUTWRQ may have under applicable law to recover, attorneys’ fees and expenses if OUTWRQ prevail in arbitration.

• Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

• We may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device.