PRIVACY POLICY

25 March 2021

Introduction

Compete2Beat’s privacy policy (the “Privacy Policy”) explains the information we collect, how we use and share it, how to manage your privacy controls and your rights in connection with our mobile application and the related mobile application (collectively, the “Services”). Please also read our TERMS OF SERVICE which sets out the terms governing the Services.

If you are a resident of the European Economic Area (“EEA”), Compete2Beat is the controller of your personal data for the purposes of EEA data protection law.

Questions or comments about this Privacy Policy may be submitted by email to info@compete2beat.com Attn: Legal

Information we collect

Compete2Beat collects information about you, including information that directly or indirectly identifies you, if you or your other members choose to share it with Compete2Beat. We receive information in a few different ways, including when you input, complete or upload activities using the Services or third party fitness tracking services. Compete2Beat also collects information about how you use the Services. There are also several opportunities for you to share information about yourself, your friends, and your activities with Compete2Beat. For example:

Account, Profile, Activity, and Use Information

We collect basic account information such as your name, email address, date of birth, gender, weight, username and password that helps secure and provide you with access to our Services.

Profile, activity and use information is collected about you when you choose to upload a picture, activity (including date, time and geo-location information as well as your speed and pace and perceived exertion) or post, join a challenge, create a challenge, view others’ activities, or otherwise use the Services.

We collect your contact information so we can respond to your support requests and comments.

Location Information

We collect and process location information when you sign up for and use the Services. We do not track your device location while you are not using the Services, but may receive and collect location information from the fitness tracking devices you use and connect to the Services. If you would like to stop the device location tracking, you may do so at any time by adjusting your device settings.

Content You Share

We gather information from the photos, posts, comments, and other content you share on the Services, including when you participate in partner events or create segments or routes.

Connected Devices and Apps

Compete2Beat collects information from devices and apps you connect to Compete2Beat. For example, you may connect your Fitbit to Compete2Beat and information from this device and app will be passed along to Compete2Beat.

Health Information

Compete2Beat may collect or infer health information. Certain health information may be inferred from sources such as heart rate or other measurements, you may provide or which may be provided by your fitness tracker. Before you can upload health information to Compete2Beat, you must give your explicit consent to the processing of that health information by Compete2Beat. You can withdraw your consent to Compete2Beat processing your health information at any time.

Payment Information

When you make a payment on Compete2Beat, you may provide payment information such as your payment card or other payment details. We use Payment Card Industry compliant third-party payment services and we do not store your credit card information.

Third-Party Accounts

Compete2Beat may allow you to sign up and log in to the Services using accounts you create with third-party products and services, such as Facebook, Google, or Apple (collectively, “Third-Party Accounts”). If you access the Services with Third-Party Accounts we will collect information that you have agreed to make available such as your name, email address, profile information and preferences. This information is collected by the Third-Party Account provider and is provided to Compete2Beat under their privacy policies. You can generally control the information that we receive from these sources using the privacy controls in your Third-Party Account.

Technical Information and Log Files

We collect information from your browser, computer, or mobile device, which provide us with technical information when you access or use the Services. This technical information includes device and network information, cookies, log files and analytics information.

The Services may use log files. The information stored in those files may include IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. This information is used to analyze trends, administer, protect and secure the Services, track member movement in the aggregate, and gather broad demographic information for aggregate use.

Other Information

We may collect information from you through third parties, such as when we collect data from your fitness tracking device.

We may also collect information about you from other members such as when they comment on challenges and your activities.

How Compete2Beat Uses Information

Compete2Beat uses the information we collect and receive as described below.

To provide the Services

We use the information we collect and receive to provide the Services, including providing you with the ability to:

Subject to your privacy controls, your information, including parts of your profile, username, photos, your activities, the challenges you create, the challenges you are participating in or have previously participated in, comments you give and receive will be shared on Compete2Beat so that you may be able to participate in the Services, for example to show your participation, status and place on a challenge. Certain information (e.g., your name, and some profile information) may also be available to non-members on the web.

To customize your experience

We use the information we collect about you, your followers, and your activities to customize your experience. For example, we may suggest challenges that may interest you, athletes that you may want to challenge, or new features that you may want to try. If we know that you are interested in losing a specific amount of weight, we may tell you about other similar members who are also interested in competing in a weight loss challenge.

To protect you and the Services

We use the information we collect to protect members, enforce our Terms of Use and Community Standards, and promote safety. For example, we find and remove content that violates our terms, such as hate speech or spam, as well as suspend or terminate accounts that share such content.

To improve our Services

We also use the information we collect to analyze, develop and improve the Services. To do this, Compete2Beat may use third-party analytics providers to gain insights into how our Services are used and to help us improve the Services.

To communicate with you

We use the information we collect to provide support in response to your requests and comments.

We may also use the information we collect to market and promote the Services, challenges and events on Compete2Beat, and other commercial products or services. This includes marketing and push communications, where you have not opted out of receiving such messages and notifications.

To process your subscription

We use the information we collect to process your subscription.

Aggregate Information

We do not sell your personal information. Compete2Beat may aggregate the information you and others make available in connection with the Services and post it publicly or share it with third parties. Examples of the type of information we may aggregate include information about equipment, usage, demographics, and performance. Compete2Beat may use, sell, license, and share this aggregated information with third parties for research, business or other purposes such as to improve the Services, and challenges or to help our partners understand more about athletes, including the people who use their products and services.

How Information is Shared

In addition to sharing aggregated data about our members as described above, we also share personal information in accordance with your preferences, as needed to run our business and provide the Services, and where required for legal purposes, as set forth below.

Service Providers

We may share your information with third parties who provide services to Compete2Beat such as supporting, improving, promoting and securing the Services, processing payments, or fulfilling orders. These service providers only have access to the information necessary to perform these limited functions on our behalf and are required to protect and secure your information. We may also engage service providers to collect information about your use of the Services over time on our behalf, so that we or they may promote Compete2Beat or display information that may be relevant to your interests on the Services or other websites or services.

Publicly Available Information

When you join the Compete2Beat community, your profile and your activities are set to be viewable by everyone by default. Your name and other profile information is viewable by other Compete2Beat members and the public and, subject to your privacy controls, additional information and content you share may also be viewable. For example, your profile photo may be viewable by other Compete2Beat members and non-members. You control whether or not your profile is public and encourage you to choose the setting that best suits your needs and desires.

Sharing Information and Activities

As a social network, we share your information with other Compete2Beat members and the public in accordance with your privacy controls. If you link your Compete2Beat account to other social networks and share your activities, they will be viewable on such third-party platforms, including your location information. You should use caution when sharing information via third parties and you should carefully review the privacy practices of such third parties.

Third Party Business via API or Other Integrations

We may enable you to share your information and content with third party apps, plugins, or websites that integrate with the Services, as well as with third parties who work with Compete2Beat to offer an integrated feature, such as a challenge sponsor or tracking watch. You can choose to share your profile data and activity data (including private activities). Information collected by these third parties is subject to their terms and policies. Compete2Beat is not responsible for the terms or policies of third parties.

Affiliates and Acquirors of our Business or Assets

We may share your information with affiliates under common control with us, who are required to comply with the terms of this Privacy Policy with regard to your information. If Compete2Beat becomes involved in a business combination, securities offering, bankruptcy, reorganization, dissolution or other similar transaction, we may share or transfer your information in connection with such transaction.

Legal Requirements

We may preserve and share your information with third parties, including law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that such disclosure is allowed by the law or reasonably necessary to comply with the law, including to respond to court orders, warrants, subpoenas, or other legal or regulatory process. We may also retain, preserve or disclose your information if we determine that this is reasonably necessary or appropriate to prevent or detect violations of our Terms of Use or fraud or abuse of Compete2Beat or its members, or to protect our operations or our property or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in connection with actual or potential litigation.

DMCA Notices

We may share your information with third parties when we forward Digital Millennium Copyright Act (DMCA) notifications, which will be forwarded as submitted to us without any deletions.

How We Protect Information

We take several measures to safeguard the collection, transmission and storage of the data we collect. We employ reasonable protections for your information that are appropriate to its sensitivity. The Services use industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal information and credit card numbers. Compete2Beat engages providers that provide online security, including Services verification, to strengthen the security of our Services. The Services are registered with site identification authorities so that your browser can confirm Compete2Beat’s identity before any personal information is sent. In addition, Compete2Beat’s cloud services provider uses secure servers to protect this information using advanced security technology.

Managing Your Settings

Privacy Controls

In addition to using your device settings to limit access and permissions, Compete2Beat provides you the option to make your profile private.

Notification and Email Preferences

You can choose to stop receiving certain notifications by muting notifications in the notification section. You may also unsubscribe by following the instructions contained at the bottom of marketing or promotional emails. Any administrative or service-related emails (to confirm a purchase, or an update to this Privacy Policy or our Terms of Service, etc.) generally do not offer an option to unsubscribe as they are necessary to provide the Services you requested.

Updating Account Information

You may correct, amend or update profile or account information at any time by adjusting that information in your account settings. If you need further assistance correcting inaccurate information, please contact Compete2Beat at legal@compete2beat.com.

Deleting Information and Accounts and Downloading Your Data

You can delete your account clicking by sending an email with “delete account request” in the heading to info@compete2beat.com.

After you make a deletion request, we permanently and irreversibly delete your personal data from our systems, including backups. Once deleted, your data cannot be reinstated. Following your deletion of your account, it may take up to 90 days to delete your personal information and system logs from our systems. Additionally, we may retain information where deletion requests are made to comply with the law and take other actions permitted by law.

Note that content you have shared with others, such as photos or chats, or that others have copied may also remain visible after you have deleted your account or deleted specific information from your own profile. Your public profile may be displayed in search engine results until the search engine refreshes its cache.

Compete2Beat also provides you the option to remove individual activities you have posted without deleting your account.

Your Rights and Our Legal Basis

We provide the same suite of privacy tools and controls to all of our members worldwide. Particular rights may be available to you if you reside in certain locations, such as the EEA or California. 

Your Legal Rights in the EEA

If you are located in the EEA, you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your information. 

Our Legal Basis

Compete2Beat relies on a number of legal basis to collect, use, share, and otherwise process the information we have about you for the purposes described in this Privacy Policy, including:

Transfers

The Services are operated from the United States. If you are located outside of the United States and choose to use the Services or provide information to us, you acknowledge and understand that your information will be transferred, processed and stored in the United States, as it is necessary to provide the Services and perform the Terms of Service. United States privacy laws may not be as protective as those in your jurisdiction.

Retention of Information

We retain information as long as it is necessary to provide the Services to you and others, subject to any legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the Services or until your account is deleted. In addition, you can delete some items of information (e.g., profile information) from view on the Services without deleting your account. For example, after you withdraw your consent to Compete2Beat processing your health-related information, Compete2Beat will delete all health-related information you upload. Following your deletion of your account, it may take up to 90 days to fully delete your personal information and system logs from our systems. Additionally, we may retain information to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Service and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.

Information connected to you that is no longer necessary and relevant to provide our Services may be de-identified or aggregated with other non-personal data to provide insights which are commercially valuable to Compete2Beat, such as statistics of the use of the Services. This information will be de-associated with your name and other identifiers.

Privacy Policy Information

Compete2Beat reserves the right to modify this Privacy Policy at any time. Please review it occasionally. If Compete2Beat makes changes to this Privacy Policy, the updated Privacy Policy will be posted on the Services in a timely manner and, if we make material changes, we will provide a prominent notice. If you object to any of the changes to this Privacy Policy, you should stop using the Services and delete your account.

European Economic Area Member Rights

Your Rights and How to Exercise Them

If you are located in the European Economic Area ("EEA") or the United Kingdom ("UK"), you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your information. While some of these rights apply generally, certain rights apply only in certain limited circumstances. We describe these rights below:

Object

Where we process your information based on our legitimate interest explained below, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.

Access and Porting

You can access much of your information by logging into your account.  Email us at legal@compete2beat.com if you would like a copy of your data.

Rectify, Restrict, Limit, Delete

You can also rectify, restrict, limit or delete much of your information by logging into your account, such as to edit your profile, delete photos you have posted, remove individual information from view, or delete your account. If you are unable to do this, please contact us at legal@compete2beat.com.

Revoke consent

Where you have previously provided your consent, such as to permit us to process health-related data about you, you have the right to withdraw your consent to the processing of your information at any time. For example, you can withdraw your consent by updating your settings. In certain cases, we may continue to process your information after you have withdrawn consent if we have a legal basis to do so or if your withdrawal of consent was limited to certain processing activities.

Complaint

Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local authority.

European Economic Area Members: Our Legal Basis for Processing Your Information

Data protection law (for example, in the EEA) requires organizations to have legal basis to collect, use, share and otherwise process information about you. While some of your rights apply generally, certain rights only apply depending on the legal basis we rely on to process data. We’ve explained these legal basis and your rights below.

To provide the Compete2Beat Services

As described in the Terms of Service, the core Compete2Beat Services cannot be provided, and the Terms of Service cannot be performed, without Compete2Beat processing data including for the following purposes:

Since we process data you provide to us which is necessary to perform our contract with you, you have the right to port or transfer that data if you are a resident in the EEA or the UK.

With your consent

We ask for your permission to process your information for certain purposes and you have the right to withdraw your consent at any time. We ask for your consent to:

When we process data you provide to us based on your consent, you have the right to withdraw your consent at any time via your settings. You also have the right to port or transfer the data.

Legal obligation or for the establishment, exercise or defense of legal claims

We process data where we have a legal obligation to do so, for example, where we're responding to valid and binding legal processes from law enforcement agencies for certain data. See our Privacy Policy, under "Legal Requirements" for more information. In addition, processing may be needed for us to establish, exercise or defend civil or criminal claims in connection with actual or potential litigation including to protect the Compete2Beat Services, our property or other legal rights, including those of our members or partners.

To protect vital interests

We process data where it is necessary to protect an interest which is essential to someone’s life or protect any person from serious bodily injury. This includes processing information to combat harmful conduct both on and off of our Services.

Carrying out a task in the public interest

Where laid down by EU law or the law in an EU Member State, we may process your data to perform processing in the public interest. This may include protecting against harm and undertaking research for social good. You have the right to object to, and seek restriction of, our processing of your personal data when we process data using this legal basis.

In furtherance of legitimate interests

We process your information for our legitimate interests, and those of third parties, while applying appropriate safeguards that protect your privacy, rights and interests. We do this to:

You have the right to object to, and seek restriction of, our processing of your personal data based on legitimate interests. Visit your privacy controls to object to the processing of your personal data. If you have questions about objections, please contact us at legal@compete2beat.com.

California Member Rights

If you are a California resident, as defined in the California Code of Regulations, you have rights under the California Consumer Privacy Act of 2018 ("the CCPA"). Below, we provide a description of your rights and disclosures about your personal information.

Your Rights and How to Exercise Them

Right to know about the personal information we collect and share

The CCPA gives you the right to request that we disclose the specific pieces of personal information we have collected about you, which we do after we receive and validate your request.

Compete2Beat does not sell your personal information. However, we may disclose certain personal information for a business purpose. When you make a request to download your personal information, we will include a list of the categories of personal information that we may have disclosed about you, as well as the categories of third parties to whom your personal information may have been disclosed.

How to make a disclosure request

You may request the disclosures described above emailing legal@compete2beat.com and requesting a copy of your data.

You have the right to make a free request two times in any 12-month period. We will make the disclosure within 45 days of receiving your request, unless we request an extension. In the event that we reasonably need a 45-day extension, we will notify you of the extension within the initial 45-day period.

Right of deletion

You have the right to request that we delete your personal information, subject to certain exceptions. After we receive and validate your request, we will delete your personal information, as well as direct our service providers to delete your personal information, unless an exception applies.

Right to non-discrimination

You have the right not to receive discriminatory treatment for the exercise of your privacy rights under the CCPA.

Disclosures About Your Personal Information

Categories of information we collect and disclose for a business purpose

We may collect the following categories of personal information from you in connection with the Services, as defined in the CCPA:

According to California law, personal information does not include:

How to contact us

If you have questions about your rights or our disclosures under the CCPA, you may reach us at legal@compete2beat.com.

Nevada Member Rights

We do not sell your covered information, as defined by Section 1.6 of Chapter 603A of the Nevada Revised Statutes. If you reside in Nevada, you have the right to submit a request to our designated request address legal@compete2beat.com regarding the sale of covered information.

Changes to This Information

We reserve the right to modify this information at any time. Please review it occasionally. If Compete2Beat makes changes to this information, the updated page will be posted on the Services in a timely manner.

Questions or comments about this information may be submitted by email to legal@compete2beat.com.

TERMS OF SERVICE

The Compete2Beat mobile application (the “Service”) is made available to you by Compete2Beat, subject to these Terms of Service (the “Terms”) and in accordance with the privacy policy (the “Privacy Policy”). You agree to comply with these Terms and any supplemental terms which Compete2Beat makes available to you on the Services which shall form part of the Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ACCEPTANCE OF THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

The Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Compete2Beat processing data about you, and other Compete2Beat participants. Processing of the data you share with Compete2Beat is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and Compete2Beat are resolved, including an agreement to arbitrate, which will, unless you reside in the European Union, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against Compete2Beat on an individual basis, unless you opt-out in accordance with the instructions below.

Registration and Accounts

The Services are intended solely for persons who are 18 years old or such higher age required in your country to use the Services.

To use the Services, you must register. You agree to: (a) provide true, accurate, current and complete information about yourself (“Participant Data”) and (b) maintain and promptly update the Participant Data. You agree that Compete2Beat may use your Participant Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any Participant Data that is inaccurate or not current, or Compete2Beat has reasonable grounds to suspect that such Participant Data is inaccurate or not current, Compete2Beat has the right to suspend or terminate your account and refuse current or future use of the Services.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Compete2Beat of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to Participant Data and any other information or content you provide to Compete2Beat.

You may register for or log-in to your account via a third-party network, such as Facebook or Apple sign-in.  If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.

Payments and Fees

Payments

To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by Compete2Beat) (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. No refunds or credits will be provided by Compete2Beat, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately at legal@compete2beat.com.

Fees

In order to access certain functionality of the Services, you may be required to pay a fee, which may be a recurring subscription fee or one time fee. Subscription fees, along with any required taxes, may be paid on a monthly or annual basis. All subscription fees are payable in advance. You agree to pay the fees, and other charges you incur in connection with your account, whether on a one-time or subscription basis. Compete2Beat reserves the right to increase the fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

Auto-Renewal

Subscription fees will be billed automatically at the start of the monthly or annual period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.

Cooling Off

If you reside outside the United States, you may be entitled to change your mind and receive a full refund within fourteen (14) days (the “Cooling-off Period”), provided that you have not logged in or otherwise redeemed or started to use the Services as a subscriber during the Cooling-off Period.

Cancellation

Cancellation of Subscription

If you signed up directly on the app, you may cancel your subscription by visiting your “Account” page.” If you signed up through the Google Play or iTunes store, you may cancel your subscription through the corresponding store. The cancellation of a subscription will go into effect at the end of your current billing cycle. When your subscription ends, your account will remain and become a free subscription. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. You can delete your account at any time.

Free Trials

Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, we will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription unless you cancel your subscription prior to the end of the free trial period.

Content and Conduct

Content

You own the information, data, text, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram).  You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display any Content and any name, username or likeness that you post on or in connection with the Services in all media formats and channels now known or later developed without compensation to you. This license ends when you delete your Content or your account.

You understand that you, and not Compete2Beat, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Compete2Beat does not routinely screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. Compete2Beat may, in its sole discretion, screen, monitor, hide, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Compete2Beat be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree that Compete2Beat is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and Compete2Beat, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Compete2Beat is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Compete2Beat in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of Compete2Beat other than as set forth in our privacy policy and Compete2Beat will not be liable for any use or disclosure of any Content you provide.

You give us permission to use your profile name, profile photo, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers and other commercial contexts on the Compete2Beat service without compensation to you.

Conduct

We expect you to honor the Compete2Beat Community Standards. The Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

  1. Copying, framing or mirroring any part of the Services;
  2. Accessing the Services to monitor its availability, performance or functionality;
  3. Permitting any third party to access the Services;
  4. Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Compete2Beat;
  5. Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
  6. Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Compete2Beat internet protocol space;
  7. Avoiding payment of charges or fees payable by you with respect to the Services;
  8. Committing any act that may be harmful to minors;
  9. Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
  10. Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Compete2Beat than a human can reasonably produce in the same period of time by using a conventional web browser;
  11. Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  12. Collecting or harvesting any information relating to an identified or identifiable individual, including account names and information about users of the Services, from the Services;
  13. Using the Services for any inappropriate commercial solicitation purposes;
  14. Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
  15. Submitting to the Services any personally identifiable information, except as necessary for the establishment and operation of your account;
  16. Submitting to the Services any information that may be protected from disclosure by applicable law;
  17. Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
  18. Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
  19. Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or
  20. Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.

You understand that use of certain features of the Services may require you to purchase third party equipment or materials (e.g., fitness tracking). While Compete2Beat may recommend the equipment or materials of certain third party suppliers, Compete2Beat shall have no responsibility for your acquisition or use of any third party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.

You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy and data protection rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.

Interactions with Participants

The Services function as a venue to connect participants in virtual competitions. As a neutral facilitator, Compete2Beat is not directly involved in the actual interactions between participants using the Services. As a result, Compete2Beat has no control over the truth, accuracy, quality, legality, or safety of postings made by participants using the Services. Compete2Beat shall have no responsibility to confirm the identity of participants. You shall at all time exercise common sense and good judgment when dealing with any participants using the Services.

If you elect to use our features to inform your contacts about the Services, or share your information with others, Compete2Beat may require you to provide contact information. Compete2Beat may contact that friend via email or text message. You represent that you are authorized to provide any third party contact information that you provide to Compete2Beat, that you are authorized to use such information to contact (including for Compete2Beat to contact on your behalf) the third party and that Compete2Beat may process it pursuant to the Privacy Policy.

Third Parties

Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Compete2Beat. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT COMPETE2BEAT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.

Compete2Beat or third parties may provide links to other internet sites or resources through the Services. Compete2Beat does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Compete2Beat is not responsible for the availability of such external sites or resources.

Electronic Communications

You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which Compete2Beat provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law (including laws regulating direct marketing communications with which you will need to comply with, as applicable). By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by Compete2Beat (unless expressly stated otherwise by Compete2Beat) and (c) communications are not routinely pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Compete2Beat in any manner, though Compete2Beat reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

Proprietary Rights

You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Compete2Beat or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.

Compete2Beat grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces that are provided by Compete2Beat.

The Compete2Beat logo and other Compete2Beat logos and product and service names are the exclusive trademarks of, and are owned by Compete2Beat and you may not use or display such trademarks in any manner without Compete2Beat’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.

Compete2Beat reserves all rights not expressly granted hereunder.

Claims of Infringement

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. Compete2Beat also reviews claims of trademark infringement. If you believe in good faith that materials hosted by Compete2Beat infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Compete2Beat to locate the material on the Services; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that Compete2Beat will not respond to complaints that do not meet these requirements. If Compete2Beat determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Compete2Beat will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which Compete2Beat may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).

Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA (see https://copyright.gov/title17/92appb.html) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there may be penalties for false claims under the DMCA.

Agent to Receive Notices of Claimed Infringement:

Attn:  Compete2Beat Copyright Agent

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Compete2Beat a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Compete2Beat any Feedback that you do not wish to license to us as set forth above.

Disclaimer of Warranties and Liability

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. COMPETE2BEAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. COMPETE2BEAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT COMPETE2BEAT IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND COMPETE2BEAT.

YOU EXPRESSLY AGREE THAT YOUR ACTIVITIES  CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF COMPETE2BEAT OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

YOU EXPRESSLY AGREE THAT COMPETE2BEAT DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE SERVICES, INCLUDING ANY THAT ARE ORGANIZED BY A CLUB ADMINISTRATOR.

YOU EXPRESSLY AGREE TO RELEASE COMPETE2BEAT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ACTIVITIES AND/OR USE OF THE MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY COMPETE2BEAT WHILE ENGAGED IN SERVICE RELATED ACTIVITIES, INCLUDING WITHOUT LIMITATION EXERCISING AND DIETING, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPETE2BEAT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

COMPETE2BEAT DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER PARTICIPANT’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO COMPETE2BEAT IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.

IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.

Indemnity

You agree to indemnify and hold Compete2Beat and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your activities which generate the Content you post or seek to post on the Services (including, but not limited to, activities in connection with any contests, or other events which Compete2Beat sponsors, organizes, participates in, or whose Services are used in connection with), your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity. Your rights with respect to Compete2Beat are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.

Notice for California Participants

Under California Civil Code Section 1789.3, California Services athletes are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Dispute Resolution

Arbitration

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the Compete2Beat’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Compete2Beat will pay the additional cost. You and Compete2Beat hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Compete2Beat is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. This provision does not apply to users who live in the European Union.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

Class-Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception—Litigation of Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Thirty-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following email address: legal@compete2beat.com

The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, Compete2Beat also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Compete2Beat may terminate your use of the Services.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Compete2Beat and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred. This provision does not apply if you are based in the European Union in which case time limitations shall be determined in accordance with governing law for EU users mentioned below.

Choice of Law and Forum

Any action related to the Terms, Content, the Services, and your relationship with the Compete2Beat shall be governed by, and construed and interpreted in accordance with, the laws of the State of California without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to the Section entitled “Dispute Resolution”, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts of Los Angeles California and you consent to the exclusive jurisdiction of the federal or state courts of Los Angeles California. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This paragraph does not apply to users who reside in the European Union.

If you are a user based in the European Union, then Irish law shall apply to these Terms and the Irish courts shall have exclusive jurisdiction to hear disputes arising in relation to the Terms. Despite this, your local laws in your European Union Member State may allow you to take legal action against Compete2Beat in your Member State.

United States Operation

The Services are controlled by Compete2Beat from its offices within the United States of America. Compete2Beat makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

Termination

You agree that Compete2Beat may, under certain serious circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Services. Cause for such suspension or termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all suspensions or terminations for cause shall be made in Compete2Beat’s sole discretion and that Compete2Beat shall not be liable to you or any third party for any suspension or termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Content and Conduct, Clubs, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Choice of Law and Forum, and General.

General

You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Compete2Beat as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and Compete2Beat with respect to your use of the Services. The failure of Compete2Beat to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Compete2Beat. Compete2Beat has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. Compete2Beat’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Modification of the Terms and Services

Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. Compete2Beat reserves the right to update the Terms at any time and for any reason in its sole discretion. Compete2Beat will notify you of any material changes to the Terms or to any service or other features of the Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

Compete2Beat and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. Compete2Beat reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Compete2Beat shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

COMMUNITY STANDARDS

Below are the Compete2Beat Community Standards.  By using the app, you agree to abide by these Community Standards.  

Safety First!  We created this App to provide you with tools to help you live a healthier life.  While we foster a competitive environment in order to achieve better health, do not let your competitiveness come at the expense of safety.  

Make smart decisions.  

When dieting, make sure to get, and follow your doctor’s recommendations.  

When you are exercising make sure you are aware of your environment.  Use your device only when it is safe to do so.    

Listen to your body! Do not overexert yourself.  

Make sure you are staying properly hydrated and eat appropriately.  Don’t starve yourself, extreme weight loss over a short term, is very unhealthy, dangerous and ultimately results in greater long term weight gain.

Do not post content that contains nudity, graphic violence or celebrates the suffering or humiliation of others.

Be respectful of others.  Be Kind.  Be encouraging.  Competition can be dignified, fun and respectful.  

If you have nothing nice to say, don’t say anything at all.  We are all here to better ourselves, making someone else feel bad about themselves is unacceptable.

Be inclusive, do not discriminate.

If you violate these rules we reserve the right to delete any violative actions or remove you entirely. We may update and/or change our Community Standards from time to time, and your continued use of the app following such change signifies your acceptance and agreement to continue to abide by them.

Thank you for making Compete2Beat a happy and safe space to help lead a healthier life!