WORKRATE TERMS AND CONDITIONS
FOR MOBILE APPLICATION
These Terms and Conditions for Mobile Application, together with the documents referenced herein (collectively the "Terms"), apply to the mobile user application named WorkRate Performance App (the "Mobile App" or “App”).
WorkRate, Inc. (the “Company”) permits you (“You”) to use the Mobile App subject to these Terms and any applicable rules applied by Apple Inc. ("App Store Rules") and Google Inc. ("Play Store Rules") with respect to the use of their App Store and Play Store respectively located at https://www.apple.com/itunes ("App Store") and https://play.google.com/store ("Play Store"). You ("you," the App user) may only utilize the App in accordance with these Terms.
I. TERMS
For purposes of this Agreement, “Mobile App” or “App” refers to the Company’s mobile user application, WorkRate Performance App, which can be accessed at www.workrate.fit (the “Site”) or in local mobile application stores. Initially, the Mobile App will be invitation only for time until it is fully released to the public.
“Service” refers to the Company’s services accessed via the Mobile App, in which users can use the algorithmic physical preparation protocols and platform for individuals to manage their data and physical activity.
“Device” refers to any compatible device to which you download the Mobile App.
The terms “we,” “us,” and “our” refer to the Company.
“You” refers to you, as a user of our App or our Service.
By downloading, installing, accessing, browsing or using our Mobile App, you accept our Terms and Conditions, which binds you legally. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS THE MOBILE APP.
II. INTRODUCTION
WorkRate, Inc. is a sports tech company developing algorithmic protocols to help athletes reduce the likelihood of injury and to boost athletic performance. The WorkRate Performance App collects biomechanical data through user inputs to provide highly individualized corrective exercises. Additionally, the app analyzes body metrics inputted by the user to provide evidence-based recommendations. The goal is to provide cutting-edge sports science to the world of sport in a scalable format. Through the analysis of user biomechanical input, the Company hopes to reduce the likelihood of injury and boost athletic performance. The App will deliver algorithmic physical preparation protocols and provide a platform for you to manage your data and physical activity.
III. ACKNOWLEDGEMENTS
a. Please read these Terms carefully before downloading, installing or using the Mobile App. By downloading, installing, accessing, browsing or using the App, you accept and agree to these Terms which bind you legally. The Terms are entered into for the benefit of Company and its affiliates who may each enforce against you. If you do not agree to these Terms you are not permitted to use the App and you must immediately cease downloading, installing or using the App.
b. If you are a customer or client of the Company, you may be subject to other agreements with the Company. These Terms apply to use of the Mobile App and do not change or alter any other contract or agreement between you and the Company. Please refer to your policy documentation or contact a customer service representative for more information regarding any direct applicable Company services.
c. If you experience any technical issues with the App, or you would like to contact us regarding these Terms, you may contact the Company by sending an email to hello@workrate.fit.
d. In order to use the App, you must have a compatible device that meets the following minimum specifications in the App Store or Google Play. You confirm that you either own the applicable Device or if not owned by you, you have obtained permission to install and use the App on such Device. You accept responsibility for any use of the App on or in relation to such Device, whether or not such Device is owned by you or such use was made by you.
e. These Terms apply to the App, including any updates or supplements thereto. The Company may change or revise these Terms from time to time in its sole discretion, with or without notice to You. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions. Your access and use will be subject to the most current version of the Terms. Your use of the App after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them.
f. From time to time, updates to the App may be made available through the App Store and Play Store. Depending on the update, and whether you utilized the App Store or Play Store to download and access the App, you may not be able to use the App until you have installed the latest version.
g. You confirm that you are of legal age in your country to form a binding contract and hereby agree to be bound by these Terms, otherwise, you will receive parental consent according to the terms of this Agreement and our Privacy Policy. If you are an employee or other representative of a business or other entity and you are using the App in your representative capacity, then you hereby represent that you are authorized to use the App as a representative of the entity and agree to these Terms on behalf such entity.
IV. PRIVACY
Your submission of information, including personal information, through or in connection with the App (if any) is governed by the terms of our privacy policy as updated from time to time, available on the Mobile App.
V. THIRD-PARTY CONTENT
The App may contain links to independent third-party websites or other applications ("Third Party Sites"). Third-Party Sites are not under our control, and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies (if any). We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of Third Party Sites.
VI. LICENSE
Subject to these Terms, the Privacy Policy and the App Store Rules and Play Store Rules (as applicable), we grant to you a non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license to use the App on the Devices for the purposes of helping yourself boost athletic performance and reduce the likelihood of injury. Any other use of the App is strictly prohibited. The Company reserve all rights in and to the App. The Company reserves the right to revoke this license at any time, in its sole discretion.
VII. LICENSE RESTRICTIONS
a. Except as expressly permitted under these Terms, and unless prohibited by applicable law, you agree:
A. not to copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the App, including without limitation for public or commercial purposes, including any text, images, audio, and video, except as permitted by the App's sharing function;
B. not to rent, lease, sub-license, loan, distribute, time-share, or translate the App in any way;
C. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
D. not to disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the App;
E. not to sell, resell, or exploit the App in whole or in part (including object and source code), in any form to any person without prior written consent from us;
F. not to remove any copyright, trademark, or other proprietary rights notices from the App; and
G. that you represent and warrant that you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.
VIII. ADDITIONAL RESTRICTIONS
a. You agree:
A. not to use the App in any unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App;
B. not to use the App to record, post, or transmit any information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory, or is otherwise objectionable or infringes on third party rights;
C. not to use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the App (including by hacking or defacing the App); and
D. not to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App, including, without limitation, by using any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the App content or reproduce or circumvent the navigational structure or presentation of the App without our prior written consent.
E. not to consider any professional information (for example, medical), as professional advice. No mandatory action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
IX. CHARGES AND PAYMENT
a. By using the Service, you agree to our pricing and payment terms as we may update them from time to time. The Company reserves the right to charge a subscription fee, plus any applicable taxes, if any, related to any such purchases, transactions, or other monetary transaction interactions.
X. INTELLECTUAL PROPERTY RIGHTS
a. You acknowledge that (i) all intellectual property rights in and to the App belong to the Company or its licensors, (ii) the rights granted herein are licensed, not sold, to you, and (iii) you have no rights in, or to, the App or its content other than the right to use the App in accordance with these Terms.
b. In the event that you elect to share information with the Company through the App “Contact Us” function, you agree and acknowledge that (i) all information supplied by you is either original to you, or you have the right to share it with the Company, (ii) the Company may utilize the information you supply, in whole or in part, in any manner in connection with the App, (iii) any modifications or improvements made to the App or the Company’s products or services as a result of your feedback are owned and controlled solely by the Company, (iv) you have no right, title or interest in or to the App as a result of sharing your feedback. Do not submit any confidential, proprietary, or personal information through the “Contact Us" function.
c. All trademarks, service marks, trade names, and logos are proprietary to the Company or used by the Company with the permission of its third-party providers. Nothing contained in this App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of the Company. Your use of the trademarks displayed in this App, or any other content in this App, except as provided herein, is strictly prohibited. You acknowledge that you have no right to have access to the App in source code form.
XI. DISCLAIMER
a. The App is provided 'as is' and, to the extent permitted by applicable law, the Company and its directors, officers, employees, agents, representatives, licensors, third party providers, and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Any reliance on or use of the App shall be at your sole risk. The Company, the App Store, and the Play Store shall not have any obligation to furnish any maintenance and/or support services with respect to the App. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of the App.
b. We do not warrant that the functions contained in the App will be uninterrupted or error-free, that defects will be corrected or that the App is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the App. You agree to conduct your own due diligence to assess the accuracy, reliability, and quality of all content provided by the App.
c. You (and not us) assume the entire cost of all necessary servicing, repair, or correction in respect of your Device.
d. WARNING: MISUSING THE GUIDANCE PROVIDED ON THE APP MAY RESULT IN SERIOUS INJURY OR IMPAIRED FUNCTIONALITY. You understand and agree that you assume all risk and liability, and we have no obligation or liability whatsoever to you or anyone else for any or all of the activities you engage in as a result of using this App.
XII. LIMITED WARRANTY
a. The App shall be validly licensed, of satisfactory quality, fit for the purpose for which it was provided, and shall comply in all material respects with the description made available to you prior to downloading or installing it. In the event of any failure to comply with the warranty given in this section, the Company shall, as your sole remedy, either repair or replace the App or if that is not possible provide an appropriate refund in respect of the affected feature or function.
b. If through our failure to exercise reasonable skill and care we provide you with digital content which damages a Device, you may be entitled to compensation under consumer law. However, we will not be liable for damage that you could have avoided by installing the latest version of the App or for damage that was caused by you failing to correctly install the App or having in place the minimum system requirements.
XIII. AVAILABILITY
a. We reserve the right, temporarily or permanently, in whole or in part, to modify, suspend or discontinue the App without notice for any reason without liability to you, except where prohibited by applicable law.
b. In addition, you acknowledge that the App is provided over the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control. Accordingly, we do not accept any responsibility for any connectivity issues that you may experience when using the App. In addition, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the App, and for paying any data charges that may be charged to you by your network provider in connection with your use of the App.
XIV. LIMITATION OF LIABILITY
a. You agree that you use the App and/or any Third Party Sites at your own risk. You further understand and agree that we are not responsible or liable for your illegal, unauthorized, or improper use of information transmitted, monitored, stored, or received using the App.
b. To the fullest extent permitted under applicable law, in no event shall we be liable to you personally for any loss, injury, or damages (including but not limited to any special, indirect, consequential, or punitive damages, lost profits, lost revenues or other incidental damages) arising out of the use, inability to use, or the results of the use of the App.
XV. INDEMNIFICATION
a. To the extent permitted by applicable law, you agree to indemnify us for any claims, actions, demands, losses, liabilities, damages, costs, and expenses (including legal expenses and other costs, such as attorneys' fees) reasonably incurred by us that arise out of your use of the App in breach of these Terms. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the App and you agree to assist and co-operate with us in relation to any such claim.
XVI. TERMINATION
a. The Company may discontinue, suspend or modify the App at any time without notice and may block, terminate or suspend your access to the App at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. Upon termination, you must cease use of the App and remove it from all applicable Devices.
XVI. EVENTS OUTSIDE OUR CONTROL
a. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including any failure of public or private telecommunications networks.
XVII. THIRD-PARTY BENEFICIARIES AND APP STORE / PLAY STORE
a. With respect to downloading the App, you agree to comply with the App Store Rules and Play Store Rules, as applicable. You acknowledge that the availability of the App may be dependent on the App Store or Play Store from which you receive the App. You acknowledge these Terms are between you and the Company and not with the App Store or Play Store. The App Store and Play Store are not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You acknowledge that the App Store and Play Store (and their respective subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce these Terms against you.
XIX. LAW AND JURISDICTION
a. To the extent permitted by applicable law, these Terms are governed and construed by the laws of the state of Delaware, U.S.A. and you consent to the non-exclusive jurisdiction of Delaware courts. We retain the right to bring proceedings against you for breach of these Terms in your country of residence or other relevant countries.
XX. OTHER IMPORTANT TERMS
a. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms. You may not transfer your rights or obligations under these Terms.
b. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
c. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
d. These Terms constitute the entire agreement between us with respect to your use of the App. Such Terms supersede all prior understandings or agreements between us. In addition, in entering into these Terms you have not relied on and (in the absence of fraud) you shall have no right or remedy in respect of any statement, representation, assurance, or warranty other than as set out in these Terms.
e. Except to the extent specified in this Agreement hereof, or otherwise permitted by applicable law, a person or entity who is not party to these Terms may not enforce these Terms.
f. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.
Last Updated: This Terms and Conditions was last updated on August 14, 2022.