TERMS OF USE OF THE “STRIVO” WEBSITE (STRIVO.IO), MOBILE APPLICATIONS, OTHER “STRIVO” WEBSITES, OR AS
MAY BE APPLICABLE (collectively the “STRIVO”).
Please read these Terms carefully before
downloading the App and/or using STRIVO Service or Website. By accessing the App and/or the Website,
you are agreeing to comply with these Terms (which shall include any App Store Rules as defined
below).
You must be aged 18 or over to use STRIVO (the App, Website and other STRIVO Service). If
you are under 18 or if you do not agree to these Terms, please do not use the App or Website or
register as a user of STRIVO Service. If you invite other people to train with you then you are
responsible for ensuring that they are aged 18 or over.
1 INTRODUCTION AND ABOUT
US
STRIVO provides an online marketplace through its Website or Mobile Applications
that connects independent personal trainers, fitness experts and other nutrition and wellness
professionals (collectively the “Trainers”), who offer sessions of any kind including but not
limited to personal training with all its sub-domains, such as, but not limited to,
strength/bodybuilding, swimming, boxing/kickboxing & MMA, Pilates, circuit training/bootcamp,
calisthenics, Zumba, self-defense, cardio training, flexibility & mobility, functional training
and yoga, pre & post-natal, nutrition coaching to name a few, (each, a “Session”) with clients
who seek to schedule Sessions with Trainers (a “Client” or “Clients”), a platform for Trainers to
list information about themselves and the Sessions they offer and for Clients to schedule and pay
for Sessions and other services offered by STRIVO through STRIVO (collectively, the “STRIVO
Services”).
In using STRIVO, you are deemed to have read and accepted the following terms and
conditions.
STRIVO is operated by STRIVO TECHNOLOGIES LLC, a limited liability company duly
incorporated with the Department of Economic Development, Dubai, United Arab Emirates, with license
number 1454468 and with its registered address located at Abdulla Mohamed 149 Building, Deira Hor Al
Anz Office 125, Dubai, United Arab Emirates (hereinafter referred to as “STRIVO”, “us”, “we”,
“our”).
Any reference to STRIVO shall include STRIVO TECHNOLOGIES LLC, and/or, as the case
may be, any of their products, owners, directors, affiliates, or subsidiaries. STRIVO is provided to
you for your personal use, subject to these terms and conditions, and any other rules posted on
STRIVO (including but not limited to the Privacy Policy) (collectively the “Terms and
Conditions”).
By visiting STRIVO, you agree to be bound by, consent to comply with, and
consent to the practices described in, these Terms and Conditions, which govern your access and use
and browsing of STRIVO and all content, features and functionalities available on STRIVO (or any of
our other STRIVO products & applications, content, services and related STRIVO products accessed
through the URL STRIVO.IO and any related domain names, of our content and of STRIVO Services
(collectively the “STRIVO Platform”).
If you wish to access, use or browse STRIVO Platform or
any part thereof, you must read and agree to be bound by our policies relating to STRIVO Platform,
whether you are a trainer, a client or any other individual, with or without the intention of using
STRIVO Services. In particular, your attention is drawn to our policies relating to the terms of use
of STRIVO Platform, the terms of purchase of STRIVO Services and our Privacy Policy. If you are aged
under 18, you must let your parent or guardian know about our Privacy Policy before you register to
use STRIVO Platform including any of STRIVO Services.
If you accept or agree to these Terms
and Conditions on behalf of a company, legal entity, association, partnership, or other entity
(“Entity”), you represent and warrant that you have the authority to bind that Entity to these Terms
and Conditions, and, in such event, “you” or “your” will refer and apply to that Entity. Even if you
are using STRIVO Platform or STRIVO Services on behalf of an Entity, you agree that these Terms and
Conditions and the Privacy Policy bind you, as an individual.
We grant you a non-transferable
and revocable personal license to use the software that is provided to you by us as part of STRIVO,
for the sole purpose of enabling you to use and enjoy the benefits of STRIVO Platform, in the manner
permitted by the Terms and Conditions. Commercial use or use on behalf of any third party is
prohibited, except as explicitly permitted by us in writing and in advance. Any breach to these
Terms and Conditions shall result in the immediate revocation of the license granted in this
paragraph without notice to you, and without prejudice to any other rights of STRIVO, in addition to
any other remedy available to us under these Terms and Conditions.
2
REGISTRATIONS
Certain STRIVO services and related features, such as but not limited
to, newsletters, that may be made available on STRIVO Platform may require registration or
subscription to enable your use of them. In addition, prior to using STRIVO Services, you must
register an account that will be linked to your email and phone number and many other required
information (“Account”).
You agree to follow the on-screen instructions, and to complete the
applicable forms and input information requested in connection with any registration process. You
represent and warrant that the information you provide in connection with any registration process
or as otherwise requested for the Account or in connection with your use of STRIVO Services will at
all times be accurate, truthful, current and complete; and you agree to promptly update such
information in case of any changes.
We may change our registration or subscription
requirements from time to time. As a user of STRIVO Platform, you are solely responsible for keeping
passwords, if any, and other account identifiers safe and secure, and you agree to take all
reasonable and appropriate security measures to prevent any unauthorized access or use of the
Account or other breach of security relating to STRIVO Platform or data accessible through the
Account. Without limiting the foregoing, you are fully responsible for all statements made and acts
or omissions that occur while your Account password, if any, is being used, whether by you or third
parties. Furthermore, you must notify us immediately of any unauthorized use of your
Account.
STRIVO is authorized to act on instructions or information received through use of
any Account and shall not be responsible or liable, directly or indirectly, in any way for any loss
or damage of any kind incurred as a result of, or in connection with, your failure to comply with
this paragraph. You are solely responsible to keep backups of any content that you do not want
deleted, modified or removed from your Account. You may be liable for our losses or others due to
any unauthorized use under this paragraph.
Please refer to our Privacy Policy information about
how we use your data.
3 STRIVO PLATFORM FEATURES
STRIVO is the sole owner
or licensee, as applicable, of its content and may make changes to all content available on or
through STRIVO Platform including, without limitation, text, brands, photographs, documents,
graphics, audio, videos, logos, icons, images, media, data, charts, maps, software and other
information and materials ideas, proposals, concepts, content, materials, works and deliverables
(collectively, the “STRIVO Content”), services or features of STRIVO Platform, and any other aspect
of STRIVO Platform or any part or any of the foregoing, at any time.
STRIVO Platform may also
include features that enable you to send information, materials, emails and other types of messages
or notices to STRIVO or to others users of STRIVO Platform, create a profile in connection with your
Account accessible to other users of STRIVO Platform or the public, submit reviews, opinions,
biographical information and other content that others may be able to access or view, or to make
other information, materials or submissions available on or through STRIVO Platform.
You are
responsible for your use of STRIVO Platform, for any information, text, graphics, photos, or other
materials, which you upload or post to STRIVO Platform (collectively “Your Content”), and for any
consequences thereof. Most content you submit, post, or display through STRIVO Platform is public by
default and will be able to be viewed by other users and through third party services and STRIVO.
You should only provide content that you are comfortable sharing with others under these Terms and
Conditions.
When posting Your Content, you agree not to make comments that are not factual in
nature including without limitation making any racist and homophobic comments, using profanity,
abusing another user, disrespecting another culture or any other derogatory or inappropriate
comments. We may not monitor or control Your Content and, we cannot take responsibility for Your
Content. Any use or reliance on Your Content, or content provided by any party other than STRIVO
(such as other users) (“Other Content”) or obtained by you through STRIVO Platform is at your own
risk.
Your Content may be moderated and may take up to 48 hours to be displayed but STRIVO
does not commit to checking all Your Content or Other Content and will not be liable for the same.
If you have a complaint about any posts, please contact our Customer Service. STRIVO reserves the
right, in its sole discretion, not to publish or to remove any of Your Content or Other Content that
it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental
to people, institutions, religions or to people’s privacy, which may cause harm to minors, is
detrimental to the trade marks, patents and copyrighted content, contains personal data or
improperly uses the medium for promoting and advertising businesses.
We do not endorse, support,
represent or guarantee the completeness, truthfulness, accuracy, or reliability of Other Content or
endorse any opinions expressed via STRIVO Platform. You understand that by using STRIVO Platform,
you may be exposed to Other Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
Under no circumstances will we be liable in any way for any of Your Content or Other Content,
including, but not limited to, any errors or omissions in Your Content or Other Content, or any loss
or damage of any kind incurred as a result of the use of Your Content or Other Content posted,
emailed, transmitted or otherwise made available via STRIVO Platform or broadcast
elsewhere.
You retain your rights to Your Content. By submitting, posting, or displaying Your
Content on or through STRIVO Platform, you grant us a worldwide, non-exclusive, royalty-free,
perpetual, irrevocable license (with the right to sublicense) to use, copy, reproduce, process,
adapt, modify, publish, transmit, display and distribute Your Content in any and all media or
distribution methods (now known or later developed). You agree that this license includes the right
for STRIVO to provide, promote, and improve STRIVO Services and to make Your Content available to
other companies, organizations or individuals who partner with STRIVO for the syndication,
broadcast, distribution or publication of Your Content on other media and services, subject to our
terms and conditions for Your Content use. Such additional uses by STRIVO, or other companies,
organizations or individuals who partner with STRIVO, may be made with no compensation paid to you
with respect to Your Content.
We may modify or adapt Your Content in order to transmit,
display or distribute it over computer networks and in various media and/or make changes to Your
Content as are necessary to conform and adapt Your Content to any requirements or limitations of any
networks, devices, services or media. We reserve the right at all times (but will not have an
obligation) to remove or refuse to distribute any of Your Content, to suspend or terminate users,
and to reclaim usernames without liability to you. We also reserve the right to access, read,
preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any
applicable law, regulation, legal process or governmental request, (ii) enforce the Terms and
Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or
otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v)
protect the rights, property or safety of STRIVO, its users and the public.
You may not do
any of the following while accessing or using STRIVO Platform: (i) access, tamper with, or use
non-public areas of STRIVO, our computer systems, or the technical delivery systems of our
providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or
circumvent any security or authentication measures; (iii) access or search or attempt to access or
search STRIVO Platform by any means (automated or otherwise) other than through our currently
available, published interfaces that are provided by us (and only pursuant to the Terms and
Conditions), unless you have been specifically allowed to do so in a separate agreement with us;
(iv) forge any TCP/IP packet header or any part of the header information in any email or posting,
or in any way use STRIVO Platform to send altered, deceptive or false source-identifying
information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host
or network, including, without limitation, sending a virus, overloading, flooding, spamming,
mail-bombing STRIVO, or by scripting the creation of Your Content in such a manner as to interfere
with or create an undue burden on STRIVO.
4 ELIGIBILITY
The purchase of
STRIVO Services through STRIVO Platforms is strictly limited to parties who can lawfully enter into
and form contracts on the Internet in accordance with the laws of the United Arab Emirates. In order
to make purchases on STRIVO Platform, you will need to provide your personal details, including your
real first and last name, valid e-mail address, payment details, valid billing address and other
requested information as indicated. You represent and warrant that the payment details you provide
are valid, complete, and correct and confirm that you are the person referred to in the billing
information provided. STRIVO Services are only available to persons who meet STRIVO terms of
eligibility, those who hold a valid credit/debit card by a bank acceptable to STRIVO, and those who
have authorized us to process a charge or charges on their credit/debit card in the amount of the
total purchase price for STRIVO Services. STRIVO Services purchased are for personal or gift use
only and shall not be re-sold, used for commercial purposes or for any other commercial benefit.
STRIVO reserves the right to restrict purchase of STRIVO Services to any customer, at its own
discretion. By wishing to purchase STRIVO Services, you expressly authorize STRIVO to perform credit
checks and to transmit or obtain your credit/debit card information or credit report information
(including any updated information) to or from third parties to authenticate your identity, validate
your credit/debit card, obtain an initial credit/debit card authorization and/or authorize
individual purchase transactions, as we deem necessary. You agree that we may use personal
information provided by you in order to conduct appropriate anti-fraud checks and such personal
information may be disclosed to a credit reference or fraud prevention agency, which may keep a
record of that information.
Please refer to our Privacy Policy for information about how we use
your data.
5 PERMITTED USE OF STRIVO PLATFORM
STRIVO Platform and STRIVO
content are made available for your personal, noncommercial use, provided that Trainers may use
STRIVO Platform to promote services that they perform at Sessions, so long as the Trainer is in full
compliance with these Terms and Conditions and the Trainer’s terms of conditions. You agree to abide
by any posted limitations relating to use, reproduction or dissemination of any content. Any use of
STRIVO Platform, including, without limitation, STRIVO, STRIVO content or any part of any of the
foregoing, in any way not expressly permitted by these Terms and Conditions is prohibited, and may
be actionable under the law. STRIVO Platform is controlled within the United Arab Emirates. Those
who choose to access STRIVO Platform from locations outside of the United Arab Emirates do so on
their own initiative, and are responsible for compliance with local laws if and to the extent local
laws are applicable.
STRIVO reserves the right to limit the availability of STRIVO Platform for
any person, geographic area, or jurisdiction at any time in its sole discretion. You understand and
agree that STRIVO may discontinue or restrict your use of all or any part of STRIVO Platform at any
time for any reason or no reason and with or without notice.
6 PRIVACY
POLICY
We are committed to protecting your privacy. We constantly review our systems
and data to ensure the best possible service to our customers. See our full Privacy
Policy.
7 STRIVO SERVICES – TERMS OF USE FOR USERS
When registering your
Account as a User (which is defined also as a “Client” and can be used interchangeably), you may be
requested to answer several questions on your physical composition (weight, height, etc.), your
preferred Sessions and most importantly, your desired results by using STRIVO Services. These
questions will only enable us to help you achieve your goal. To enjoy the full benefits of STRIVO
Services, including, without limitation, to schedule and perform a Workout, you must purchase
sessions in advance (each a “Session”), which shall be accumulated in your Account. The Client may
have the option to purchase, schedule and pay for packages of Sessions that are displayed by the
chosen Trainer. You will be required to schedule and use all the Sessions within STRIVO App, unless
otherwise provided under these Terms and Conditions. Upon availability, a Client may schedule any
Workout with the selected Trainer, at any time. When scheduling a Workout, you will be asked to
specify the following (“Workout Selection”): (a) the date and time for your Workout (“Workout
Time”), (b) whether more than one (1) person will join the Workout (in addition to the Trainer)
(“Workout Participants”), and (c) the location where your Workout will take place (“Workout
Location”). The Client agrees, and shall cause each Workout Participant in a Session scheduled by
the Client to agree, to be bound by all obligations and all terms and conditions that apply to the
Client under these Terms and Conditions, provided that only the Client will have the obligation to
make payments for the Session and only the Client will have the right to schedule and cancel
Sessions or cancel the Client’s subscription. The Client acknowledges and agrees that only
individuals who agree to the foregoing may participate in Workout. The Client shall be fully
responsible and liable for each Workout Participant’s breach of these Terms and Conditions. The
Client agrees that upon request, the Client shall disclose to STRIVO the name and contact
information for each Workout Participant. The Client shall immediately notify STRIVO if the Client
becomes aware of any breach of these Terms and Conditions by Client or any Workout Participant or
Trainer. As part of the Client Workout Selection, the Client also may have the option to provide the
Trainer with additional information, such as preferences for Workout.
Workout Location
For
any Session, the Client may select the location of their choice for the Workout (“Self-Selected
Workout Location”). If the Client selects a Self-Selected Workout Location, the Client will be
responsible for arranging and ensuring access to the Trainer and shall represent and warrant that
Self-Selected Workout Location is a safe and suitable for the Workout and that the other Workout
Participants are authorized to host the Workout in such location. STRIVO itself is not a gym,
fitness studio or service provider and does not own, operate, or control any of the classes,
services or facilities accessible through STRIVO. STRIVO will store a record of your transactions
for a minimum of 1 (one) year.
8 PRICES AND PAYMENT POLICY
Pricing
All
prices displayed for STRIVO Services on STRIVO Platform are in United Arab Emirates Dirhams (AED) or
equivalent and include all applicable taxes, fees, and charges, such as VAT, payment gateway fees,
and any other third-party costs. The displayed price is the total amount the Client will pay at
checkout, with no hidden charges or additional fees.
Free Trials
The Client’s use of STRIVO
Services may start with a free trial, as the case may be. The free trial consists of a certain
number of Sessions, free of charge. Free trials may not be combined with any other offers. Free
trials are for new and certain former members only. STRIVO reserves the right, in its absolute
discretion, to determine your free trial eligibility, and it is solely subject to STRIVO’s
discretion. The Client may also be charged additional fees for Sessions that consist of more than
one participant (apart from the Trainer). The fees for the Sessions that the Client selects, as well
as additional fees described in the preceding sentence, will be displayed when you checkout
(collectively, the “Fees”).
Payment Methods
STRIVO accepts the following forms of payment such
as credit/debit cards, Apple Pay, Google Pay and any other payment mode as may be decided by STRIVO.
All credit/debit card payments are subject to validation checks and authorization by the issuer. If
the issuer of the credit/debit card refuses to authorize payment, we will not be liable for any
finance charges. We will cancel your purchase and contact you for an alternative method of payment.
The details on the credit/debit card used to make the payment must match the exact ID information of
the cardholder as held by the issuer. Payment will be debited and cleared from your account upon
clearance from the card issuer. You confirm that the credit/debit card that is being used is yours
or that you have been specifically authorized by the owner of the credit/debit card to use
it.
You authorize STRIVO to charge your credit card, debit card or other payment method on file
in the Account and to collect payment through such method for any and all Fees as they become due
and payable. For all Packages, all Fees shall be automatically charged to the credit/debit card on
file. If you desire to designate a different payment method to be charged for future Fees, or there
is a change in validity or details with respect to such payment method, you shall update the Account
promptly. If you wish to split the Session Fees for a specific Workout with other Workout
Participants, such arrangements must be made independently and outside the STRIVO Platform. The
STRIVO Platform does not support payment splitting functionality, and STRIVO bears no responsibility
or liability for any disputes, misunderstandings, or issues arising from such private arrangements
between Participants. If you are a Client whose credit/debit card is not denominated in United Arab
Emirates Dirhams, the final price will be calculated in accordance with the applicable exchange rate
on the day your card issuer processes the transaction. No credit/debit cards’ details will be
stored, sold, shared, rented or leased to any third parties except by our online payment gateway
service provider. You will however retain a copy of all transaction in your records. We take
reasonable care to make STRIVO secure. Rest assured that your card number will be protected using
SSL (Secure Socket Layer). SSL is a security technology that encrypts your card details and provides
a secure connection between Internet browsers and STRIVO, allowing you to transmit private data
online. We take reasonable care, in so far as it is in our power to do so, to keep the details of
your order and payment secure, but in the absence of negligence on our part we cannot be held liable
for any loss you may suffer if a third party procures unauthorized access to any data you provide
when accessing or purchasing from STRIVO Platform.
9 CANCELLATION, RETURN &
EXCHANGE POLICY
It is our intention to ensure our customers are satisfied with their
purchases of STRIVO Services from us.
We fully understand that sometimes you might change your
mind or be faced with last minute changes regarding your Workout. If you change your mind before
receiving the Workout, we will use all reasonable endeavors to help you cancel or reschedule the
Workout and refund the Session into your Account so that you can use your session later as per
rescheduling and cancellation terms below.
Cancellation of a Workout by the Client
You may
cancel any scheduled Workout through the Account. However, if you cancel a Workout you scheduled,
you will only be entitled to a full credit of the Session for the canceled Workout, if the Workout
was canceled at least six (6) working hours prior to the scheduled Workout. Working hours are
defined from 6:00 am to 9:00 pm. For any cancellation within less than six (6) working hours before
the Workout, the Client neither receives a refund nor a credit into their account. At STRIVO’s
discretion, pro rata refunds or credits may be granted in extenuating circumstances for Sessions
that you did not receive, (i) as a result of specific refund guarantee promotion, to correct any
errors made by STRIVO, or (ii) in the event that STRIVO permanently terminates or ceases to offer
STRIVO Services or (iii) terminates your access to STRIVO Services for any reason other than your
breach of these Terms and Conditions. Other than pursuant to the above, all Fees paid to STRIVO are
non-refundable/non-creditable.
Cancellation of a Workout by a Trainer
In the event that a
Trainer cancels a Workout, at any time, the Client(s) signed up for the Workout shall be entitled to
a full non-cash refund of credits for the canceled Workout into their account. All refunds will be
made in Session credits into the Client’s Account. If a Trainer cancels a scheduled Workout, you may
be notified via telephone or email through the telephone number or the email address associated with
your Account.
1-week Money-back Guarantees
All users that buy a package in STRIVO for the
first time may be granted, at the discretion of STRIVO, a 1-week time to request a full refund of
unused sessions if not satisfied with the service provided by STRIVO.
Booked Sessions Expiry
Date
All packages and services purchased on STRIVO Platform have a strict expiry date of six (6)
months from the date of purchase. While we aim to provide our Clients with ample time to complete
their packages, we require an expiry date for operational and accounting purposes. After the 6-month
period, any unused sessions will automatically expire, become invalid, and can no longer be used for
future session bookings. STRIVO reserves the right, at its sole discretion, to extend the expiry
period only in exceptional circumstances, including but not limited to: 1) STRIVO’s failure to
provide the services as agreed, or 2) force majeure events beyond STRIVO’s control. Any extension is
subject to STRIVO’s full discretion and is not guaranteed.
10 Referral
Programs
Earning Referral Credits
You may earn STRIVO Session Credits ("Loyalty
Points") by referring friends to STRIVO through the Referral Program. To qualify, your friend must
create a STRIVO account using your referral code, book a session via STRIVO, complete the booking,
and fully pay the Session Fees. Cancellations or incomplete payments will void the referral. Once
the booking is confirmed, your STRIVO account will be credited with Loyalty Points within a
commercially reasonable timeframe. This is considered a “Qualifying Referral.”
Usage of Session
Credits
Session Credits are non-transferable, cannot be exchanged for cash, and are solely for
use on future bookings via STRIVO. Free sessions granted through Loyalty Points expire 30 days after
issuance.
Restrictions on Sharing Referral Codes
Referral codes must be shared only with
friends for personal, non-commercial use. Referral codes cannot be posted or distributed on public
platforms, forums, or media where you do not own or control the content. Abuse of referral codes,
including using multiple STRIVO accounts or permitting others to use your account, is prohibited and
may result in forfeiture of Loyalty Points.
Program Modifications
STRIVO reserves the right to
modify, suspend, or terminate the Referral Program at any time without prior notice. After
suspension or termination, no additional Loyalty Points will be awarded. However, accrued Session
Credits will remain valid unless you violate these terms, in which case STRIVO may revoke your
Loyalty Points.
Limitations and Liability
Session Credits accrued across multiple accounts
cannot be combined. You are solely responsible for monitoring the Session Credits in your account.
STRIVO is not liable for expired or unused credits.
By participating in the Referral Program, you
agree to these terms. Any violation of these terms may result in suspension of your account and
forfeiture of earned Loyalty Points.
11 Competitions and Promotional
Offers
From time to time, we may offer You the chance to enter competitions or take
up certain promotional offers. We will alert you to any additional terms which apply to such
competitions or promotions at the relevant time.
12 STRIVO SERVICES – TERMS OF USE
FOR TRAINERS
In addition to these Terms and Conditions (excluding any sections
related to the Clients only), Trainers must agree to the terms and conditions for Trainers prior to
offering or accepting any Sessions through STRIVO Platform. The terms and conditions for Trainers
will be available on the Trainer’s page after a trainer applies and is selected to be a
Trainer.
13 SERVICES LIABILITY
By purchasing or participating in booked
Workout Sessions through the STRIVO Platform, you acknowledge and agree that STRIVO acts solely as a
neutral platform facilitating connections between Clients and Trainers and is not responsible for
providing or controlling the services offered in these Sessions. Trainers are independent third
parties, not employees, agents, or partners of STRIVO, unless explicitly stated otherwise. STRIVO
assumes no liability for the quality, safety, efficiency, legality, or outcomes of any booked
Workout Sessions, as full responsibility rests solely with the Trainers. Participation in any
Workout Session is at your own risk, and STRIVO is not liable for any claims, injuries, damages, or
losses resulting from your participation, the conduct of Trainers or other Clients, the suitability
of locations, or cancellations. STRIVO makes no guarantees or warranties regarding Trainer
performance, user compatibility, service quality, financial earnings, or any other aspect of
services booked through the platform. Furthermore, STRIVO disclaims all responsibility for disputes
between Clients and Trainers or any outcomes arising from use of the platform. By using STRIVO, you
expressly release and indemnify STRIVO from any and all liability related to Trainer-provided
services or interactions on the STRIVO platform.
14 LIMITATIONS IN THE USE OF STRIVO
PLATFORM
You are responsible for your use of STRIVO Platform. You agree that the
following actions, without limitation, are prohibited and constitute a material breach of these
Terms and Conditions. This list is not meant to be exhaustive, and STRIVO reserves the right to
determine what types of conduct it considers to be inappropriate use of STRIVO Platform or any part
thereof.
In the case of inappropriate use, STRIVO may take such measures as it determines in its
sole discretion. By way of example, and not as a limitation, you agree that you will not:
use
STRIVO Services for any purpose other than obtaining or offering personal training and fitness
services via Sessions; no other services may be obtained or offered in connection with STRIVO
Services;
schedule a Workout outside of STRIVO Platform with any Trainer or Client that you were
introduced to through STRIVO Platform;
pay any Trainer or accept payment from Clients outside of
STRIVO Platform;
display any disrespectful or inappropriate behavior at any time during
any Workout;
transfer or sell any Sessions; Sessions may not be transferred to other individuals
and may not be sold;
violate any law or regulation or use STRIVO Platform for any improper
purpose or to take any action in violation of any law or regulation;
violate or infringe any
other user of STRIVO Platform or third party’s intellectual property, privacy, publicity, or other
legal or contractual rights;
use STRIVO Platform to transmit, distribute, post, or submit any
information concerning any other person or entity, including without limitation, photographs or
personal contact information of others, without their permission, other than with respect to reviews
that you may leave for Trainers or Clients through STRIVO Platform;
transmit anything that is
illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene,
hateful, racist, or otherwise objectionable;
send unsolicited or unauthorized advertising or
commercial communications, such as spam;
transmit any malicious code, computer viruses, cancel
bots, Trojan horses, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing
or electronic mail address information, or similar methods or technology;
stalk, harass,
defame, threaten, or harm another individual;
impersonate or misrepresent your identity or your
affiliation with any person or entity;
create a false impression that you are endorsed by,
partnering with, or acting on behalf of or for the benefit of STRIVO;
use any automated devices,
bots, agents, crawl, scraping, scripts, intelligent search or any similar means of access to STRIVO
Content, or Other Content, or other information or materials available through STRIVO
Platform;
systematically retrieve data, STRIVO Content or Other Content from STRIVO Platform to
create or compile, directly or indirectly, in single or multiple downloads, a collection,
compilation, database, directory or the like, whether by manual or automated methods (although
operators of public search engines may use spiders to index materials from STRIVO Platform for the
sole purpose of creating publicly available searchable indices of the materials, and STRIVO reserves
the right to revoke these exceptions either generally or in specific cases);
use automated
methods to use STRIVO Platform in a manner that sends more requests to STRIVO servers in a given
period of time than a human can reasonably produce in the same period by using a conventional web
browser;
interfere with or damage, or attempt to interfere with or damage, STRIVO Platform or any
functionality thereof, in any way, including, without limitation, by using any device, software or
routine or the like, or attempt to access any area of STRIVO Platform to which your access is not
authorized;
register for more than one Account, register for an Account on behalf of an
individual other than yourself, or transfer the Account to another party without our consent;
use
STRIVO Platform to recruit or otherwise solicit any user to join third party services or websites
that are competitive to STRIVO, without STRIVO’s prior written approval;
use, display, mirror, or
frame STRIVO Platform or any individual element within STRIVO Platform, STRIVO’s name, any STRIVO
trademark, logo, or other proprietary information, or the layout and design of any page or form
contained on a page, without STRIVO’s express written consent;
copy, adapt, modify, prepare
derivative works based upon, distribute, aggregate, license, sublicense, sell, resell, transfer,
assign, publicly display, publicly perform, transmit, broadcast or otherwise exploit STRIVO Platform
or STRIVO Content, except as expressly permitted in these Terms;
access, tamper with, or use
non-public areas of STRIVO Platform, STRIVO’s computer systems, or the technical delivery systems of
STRIVO’s providers;
falsify or delete any author attributions, legal or other notices, or
proprietary designations or labels of origin or source;
attempt to probe, scan, or test the
vulnerability of any STRIVO system or network or breach any security or authentication
measures;
access STRIVO Platform for purposes of monitoring their availability, performance or
functionality, or for any other benchmarking or competitive purposes, including, but not limited to,
building a competitive product or service;
take any action that imposes an unreasonable or
disproportionately large burden on STRIVO Platform’s infrastructure or that otherwise may adversely
affect performance of STRIVO Platform or restrict any other user or STRIVO from using or enjoying
STRIVO Platform;
harvest or otherwise collect information about others, including, without
limitation, email addresses or other contact information, without their consent, or hack or violate
any security measures of STRIVO Platform;
avoid, bypass, remove, deactivate, impair, descramble,
or otherwise circumvent any technological measure implemented by STRIVO or any of STRIVO’s providers
or any other third party (including another user) to protect STRIVO Platform;
attempt to
decipher, decompile, disassemble, or reverse engineer any of the software used to provide STRIVO
Platform, except as permitted by applicable law;
engage in any other action that, in the judgment
of STRIVO, exposes it or any third party to potential liability or detriment of any type;
or
cause, advocate, encourage or assist any third party in doing any of the foregoing.
You
acknowledge that STRIVO has no obligation to monitor your access to or use of STRIVO Platform, but
has the right to do so for any purpose, in its sole discretion. STRIVO may at its discretion
investigate and prosecute violations of these Terms and Conditions to the fullest extent of the
law.
15 INTELLECTUAL PROPERTY
All copyright, trademarks, trade names,
trade dress, designs, the “look and feel” of STRIVO, other intellectual property and material,
rights on and relating to STRIVO including software and all HTML and other code contained in STRIVO,
page headers, images, texts, illustrations, formats, logos, designs, icons, photographs, programs,
music clips or downloads and video clips (collectively, the “IP”) are and shall at all times remain
vested in STRIVO Holding LLC and/or are the property of its respective owners, and are protected by
the United States of America and international trademark and copyright laws. You may access, view,
download, and print the IP and all other materials displayed on our STRIVO Platform for your
personal, non-commercial use only as expressly authorized by STRIVO and/or its third-party licensors
provided, however, that you (i) do not modify or alter the IP in any way; and (ii) do not provide or
make available the IP to any third party in a commercial manner. You will not acquire any copyright,
trademark or other proprietary rights whatsoever in the IP. No license, right, title, or interest in
any materials or software is transferred to you as a result of your use of STRIVO Platform or your
accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted
above), publish, transmit, distribute, display, modify, create derivative works from, sell or
participate in any sale of or exploit in any way, in whole or in part, any of the IP or our STRIVO.
The IP may be used only as a shopping resource. Any other use, including the reproduction,
modification, distribution, transmission, republication, display, or performance of the IP is
strictly prohibited.
STRIVO is the exclusive owner or licensee of the IP (as applicable) and is
the exclusive owner of the STRIVI.IO domain name.
STRIVO may, in its sole discretion, disable
and/or terminate use of STRIVO Platform by users who infringe the intellectual property of others,
including, without limitation, repeat offenders.
16 STRIVO CONTENT
We
endeavor to provide an accurate description of STRIVO Services and the Trainers. STRIVO provides no
warranty however as to the accuracy of STRIVO content on STRIVO Platform, nor does it warrant that
such content is error-free or reliable or that your use of the content will not infringe the rights
of third parties. STRIVO does not warrant that the functional aspects of STRIVO Platform or STRIVO
Content will be error-free or that STRIVO, STRIVO Content, or the server that makes them available
are free of viruses or other harmful components. If your use of the same results in any damage or
the need for servicing or replacing property, material, equipment, or data, STRIVO is not
responsible in any way for those costs. STRIVO makes no warranty regarding any of STRIVO Platform’s,
including STRIVO’ content, software, text, downloads, graphics or links, or any results from using
STRIVO Platform and you bear the entire risk of the completeness, accuracy or usefulness of STRIVO
Platform. STRIVO reserves the right to withdraw and/or change any of STRIVO Content from STRIVO
Platform at any time and for any reason. Removal and/or change may be immediate and without notice.
You confirm that STRIVO is not liable to you or any third party for any such withdrawal and/or
change. The personal opinions of the Trainers, or any third parties with whom we are associated are
their own and do not necessarily reflect the views of STRIVO and we accept no responsibility for any
such views expressed in any media.
17 INDEMNIFICATION
You agree, at our
request, to defend, indemnify, and hold harmless STRIVO and its affiliates, including their
officers, directors, agents, suppliers and licensors from and against any and all claims, damages,
costs, and expenses, including attorneys’ fees, arising from or related to (a) your breach or
violation of any term, condition, obligation, representation, warranty or covenant set forth in
these Terms and Conditions, violation of any applicable law or violation of the rights of STRIVO or
any third party damaged by your actions or by the actions of anyone else accessing the Account; (b)
any information (including your User Content or any other content) that you submit, post, or
transmit on or through STRIVO Platform; or (c) any activity that occurs in connection with use of
the Account, your activity and conduct in connection with any Workout, or your dispute with any
other user of STRIVO Platform or with other individuals or entities that you communicate, interact
or deal with as a result of your use of STRIVO Platform, including, but not limited to, Clients,
Trainers, and other third parties (each of the foregoing for the purposes of this section, a
“Claim”). STRIVO shall have the unilateral right to undertake the control and defense and settlement
or other disposition of any Claim hereunder with counsel of its choice with all attorney fees and
costs paid or reimbursed by you on demand, provided however that (i) you at your own expense may
participate with STRIVO in the defense of any Claim, and (ii) you shall not stipulate or consent to
judgment or settle any Claim without STRIVO’s prior written consent. You shall provide STRIVO with
reasonable cooperation in connection with any such defense. STRIVO reserves the right, at our own
expense, to assume the exclusive control of any matter otherwise subject to indemnification by you
hereunder, and such right and indemnification will survive these Terms and Conditions and your use
of STRIVO Platform.
18 AVAILABILITY OF STRIVO PLATFORM
You acknowledge
that (i) it is technically impossible that STRIVO Platform will be provided free of defaults and
that STRIVO cannot take any responsibility for this, (ii) that defaults may lead to the temporary
unavailability of STRIVO Platform, and that (iii) the operation of STRIVO Platform may be adversely
affected by conditions and performances outside STRIVO’s control, such as, for example, transmission
and telecommunication links between STRIVO and you and between STRIVO and other systems and
networks.
STRIVO may at any time, temporarily or permanently modify or interrupt, all or part of
STRIVO Platform in order to perform maintenance work and/or make improvements and/or changes to
STRIVO Platform. STRIVO is not liable for any modification to or suspension or interruption of
STRIVO Platform.
19 DISCLAIMERS – NO WARRANTIES
STRIVO Platform is
provided by STRIVO on an “as is” and “as available” basis. STRIVO makes no representations or
warranties of any kind, express or implied, as to the operation of STRIVO Platform or the
information, content, materials, or services included on STRIVO Platform. To the full extent
permissible by applicable law, STRIVO disclaims all warranties, express or implied, including, but
not limited to, implied warranties of merchantability, fitness for a particular purpose,
satisfactory quality, reasonable care and skill or non-infringement. Without limiting the foregoing,
STRIVO disclaims any and all warranties, express or implied, for any merchandise offered on STRIVO
Platform. You acknowledge, by your use of STRIVO Platform, that your use of STRIVO Platform is at
your sole risk. Nothing in these terms and conditions shall be deemed to be a representation or
warranty by STRIVO or its licensors of the safety, suitability, functionality, or usefulness of
STRIVO Platform, any workout, any part of any of the foregoing, or that any data implemented or
accessed through STRIVO Platform will be complete, accurate or free from errors. Without limiting
the generality of the foregoing, you acknowledge that none of STRIVO parties is responsible for or
independently verifies any user content, user statements or communications made through STRIVO
Platform or outside of STRIVO Platform, or third-party materials accessed or received through STRIVO
Platform. No advice or information, whether oral or written, obtained by you from STRIVO, through
STRIVO Platform or through any client, trainer, other user of STRIVO Platform or any other
individual or entity that you may communicate, interact, or deal with as a result of your use of
STRIVO Platform, will create any warranty not expressly made in these terms and conditions.
Your
use of STRIVO Platform and any material or information accessed, received, or otherwise obtained
through the use of STRIVO Platform is at your own risk, and you will be solely responsible for any
losses, defined below, arising from same.
You are solely responsible for all of your
communications, interactions and dealings with other users of STRIVO Platform and with other
individuals or entities that you communicate, interact or deal with through STRIVO Platform or as a
result of your use of STRIVO Platform, including, but not limited to, clients, trainers, and other
third parties. STRIVO is not obligated to conduct reviews, verifications, background checks or other
screenings (such as sex offender register searches) of trainers or clients. Accordingly, you agree
to take all reasonable precautions and to conduct whatever investigation you feel necessary or
appropriate before proceeding with such communications, interactions or dealings. STRIVO is not
responsible or liable for any losses of any kind or nature incurred as the result of such
communications, interactions or dealings.