TERMS AND CONDITIONS
Last updated: 24th May 2018
In these Terms the following expressions mean:
asensei, our, us or we - means - asensei inc, a Delaware Corporation, registered at 120 Corte Anita, Greenbrae, Marin County, CA 94904, USA.
Coaches - means - [ the highly qualified and experienced coaches who have developed Coaching Material in a manner which allows you to access it through our Website and our Apps]
Coaching Material - means – [ the coaching sessions and material developed by Coaches exclusively for use with our Apps]
Content - means – [ the whole contents of our Website and our Apps including material which individual users may from time to time post and asensei specific motion sensors facilitating the use of our Apps]
Service - means - any service offered through our Website, through our Apps or through Social Media including all Coaching Material provided by the Coaches.
Social Media – means - websites and applications that enable users to create and share content or to participate in social networking.
By using our Website, our Apps or the Service, however accessed, you agree to be bound by these Terms. These Terms apply to all visitors, users, guests of users and others who may, for example borrow our Apps to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms you must not access the Service.
1. General Terms
We reserve the right, at our sole discretion, to change or alter these Terms from time to time. Unless changes are for legal purposes, we will provide reasonable advance notice before the changed or altered Terms becomes effective. You agree that we may notify you of the changed or altered Terms by posting them on our Website or our Apps and that your use our Service after the effective date of the changed or altered Terms constitutes your agreement to the changed or altered Terms. We suggest that you review these Terms periodically. The changed or altered Terms will be effective as of the time of posting and will apply to your use of our Service from that point forward.
2. Who May Use the asensei Service
You should only use the Service if:
• You are over 18 years of age, or are at least 13 years old and have your parent or guardian’s consent to use the Service;
• You are not aware of any medical reasons whatsoever why you should not use the Service;
• You are a reasonably fit and healthy person who is used to regular and strenuous exercise;
• You follow the guidance given in the Coaching Material and pay heed to any warning or similar notices; and
• You have read and accept the Waivers and Limitation of Liability set out below.
3. Registration Process
A) You must be at least 13 years old to register with us and use the Service. If you are over 13 but less than 18 you must have your parent or guardian’s consent to register. You agree to provide accurate and current information about yourself in all registration forms on our Service. Our Service is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms for anyone under the age of 13 to register for our Service. You represent and warrant that you are 13 years or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger. Please refer below to our Guidelines for Parents and Guardians of teenage users of our Service.*
B) You agree that you will not solicit, gather or use the login credentials of other users on our Service.
C) You will be responsible for any actions that take place while using your account on our Service. Keep your username/password secure and do not permit anyone else to access or use your username/password to access our Service. We are not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
D) You may use the Content on our Service only for your own non-commercial use. You agree not to change or delete any ownership notices from materials downloaded or printed from our Service. You agree not to modify, copy, translate, transmit, broadcast, perform, display, distribute, frame, reproduce, download, sell, republish, or post any Intellectual Property or content appearing on our Service without our prior written consent. You agree not to use any data mining, scraping or similar data gathering methods. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you.
E) You must not misrepresent your identity, your age or your affiliation with any person or entity.
F) You must not post any content to our Service or use our Service in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on our Service designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or our Service. Do not post content that contains software viruses, programs or other computer code. Do not circumvent or modify security technology or software on our Service.
G) You shall not copy, reproduce, modify, enhance, improve, alter, reverse engineer, disassemble, deconstruct, translate, decrypt, reverse compile or convert into human readable form our Service or any part thereof.
H) You shall not distribute, assign, license, sub-license, lease, rent, transfer, sell or otherwise provide access to our Service, in whole or in part, to any third party on a permanent basis. This provision does not preclude you from allowing a friend or colleague who meets the eligibility criteria to trial the service on a short-term basis on your account as a guest;
I) You shall not remove, deface, cover or otherwise obscure any proprietary rights notice or identification on our Service including without limitation any copyright notice.
J) You shall not copy any written materials accompanying any portion of our Service.
K) You must not impede or disrupt our Service or servers or networks connected to our Service. This is includes spreading any viruses, spyware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise change or interfere with the way any page on asensei is rendered or displayed in a user’s browser or device.
L) You must not create accounts with our Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You understand and agree that asensei cannot and will not be responsible for any content posted on our Facebook or other Social Media sites and you use our Service at your own risk.
4. SPORTS RELATED RISKS
All sporting activities carry some degree of risk or injury.
While we, and the Coaches, take every care to operate the Service in a safe and low risk environment you acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. The risk of injury may vary from one activity to another, but can range from minor injuries such as bruises, and sprains to much more serious injuries such as joint or back injuries, heart attacks, or even death.
5. LIMITATION OF LIABILITY AND WAIVER
A) ASENSEI SHALL NOT BE LIABLE FOR ANY INJURIES OR DAMAGES OF ANY KIND WHATSOEVER, AND IN PARTICULAR ASENSEI SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OR INJURIES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO OUR SERVICE, THE COACHING MATERIAL OR THE INFORMATION CONTAINED IN IT. WHETHER SUCH DAMAGES ARISE IN TORT, NEGLIGENCE, CONTRACT, UNDER STATUE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF ASENSEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS CANNOT BE APPLIED. FURTHERMORE, IT IS YOUR RESPONSIBILITY TO FOLLOW THE EXERCISE AND WORKOUT INSTRUCTIONS ON OUR SERVICE CORRECTLY AND TAKE THE APPROPRIATE PRECAUTIONS. THE CONTENT ON OUR SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR THE SERVICES OF TRAINED PROFESSIONALS IN ANY FIELD, INCLUDING, BUT NOT LIMITED TO MEDICAL MATTERS. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR PHYSICAL OR MENTAL HEALTH AND WELLBEING. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR IMMEDIATELY. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING ANY TREATMENT, ACTION, APPLICATION OR USAGE OF DIETARY SUPPLEMENTS, MEDICATION, BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH OUR SERVICE. DEPENDENCE ON ANY INFORMATION APPEARING ON OUR SERVICE IS STRICTLY AT YOUR OWN RISK, IF IN DOUBT, CONSULT A MEDICAL PROFESSIONAL FOR BEFORE USING OUR SERVICES.
B) It is your responsibility to evaluate the usefulness of our Service and any exercises contained therein, in light of your personal fitness level, medical history and physical limitations. Our Service is provided "AS IS" and at your own risk, and you accept full responsibility for any risk of bodily injury, death or property damage arising out of or related to your use of our Service, whether to you or to any other person or entity, including, without limitation, arising out of your performance of the exercises, whether correctly or incorrectly. You therefore hereby release, waive, discharge, and covenant not to sue asensei, its officers, directors, employees, partners, coaches or any other person or entity in any way affiliated with asensei, from any and all liability, including, but not limited to, liability for negligence for any personal injury or property damage you might suffer, and for any wrongful death action which your heirs and/or your estate might bring arising from your use of our Service.
C) Neither we, the Coaches, our affiliates, partners, nor any of the directors, owners, employees, agents, and representatives will be liable for any direct, indirect, consequential, special, exemplary, or other losses or damages that may result including, but not limited to, injury, illness, death or economic loss. Our Service may contain the opinions and views of other users, Coaches, partners and sponsors. Such content is not intended to, and does not, constitute legal, professional, medical or health care advice or diagnosis, and may not be used for such purposes.
D) Our Services are primarily designed and intended for adult usage. If you are under 18 years of age, we recommend that you should consult your doctor before engaging in any of the exercises contained in our services to determine whether they are suitable for your age and stage of physical development. Additionally, if you are under the age of 18, you must acquire the consent of your parent or guardian respecting your entry into this Agreement and use of our Services. By using our Services, you are representing and warranting that you have the full right to enter into this Agreement and have acquired all required permissions.
6. INTELLECTUAL PROPERTY
A) All intellectual property on our Service is owned by us including materials protected by copyright, trademark, or patent laws. asensei owns all trademarks, service marks and trade names and trade secrets. All content on our Service, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under the United States and international copyright laws and is the proprietary property of asensei; All rights are reserved.
B) You do not acquire any intellectual property or other proprietary rights under these Terms including without limitation any right, title or interest in and to patents, copyrights, trade-marks, industrial designs, confidential information, or trade secrets, whether registered or unregistered, relating to asensei, our Service or any part thereof.
C) We reserve the right to remove any Content from our Service for any reason, without prior notice. Content removed from our Service may continue to be stored by asensei including, without limitation, in order to fulfil certain legal obligations, but may not be retrievable without a valid court order. asensei will not be liable to you for any modification, suspension, or discontinuation of our Services, or the loss of any content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of content or other information may not be secure.
D) We reserve the right to refuse access to our Service to anyone for any reason at any time. We also reserve the right to force forfeiture of any username for any reason and the right to block, suspend, or delete any user account at any time.
PLEASE NOTE that if any provision in these Terms is held invalid, the remainder of these Terms shall nevertheless continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable.
8. WARRANTY DISCLAIMER
Our Service is provided to you "AS IS" and "WITH ALL FAULTS" basis to the fullest extent permissible by the law, asensei hereby disclaims all warranties, endorsements, or conditions of any kind whatsoever, whether expressed or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose, title, custom, freedom from computer virus, quiet enjoyment, system integration, non-infringement, security or accuracy. asensei does not assume responsibility and does not represent or warrant that our Service will be error free, uninterrupted, free from omissions and inaccuracies whatsoever or that any server that makes our Service available is free from any harmful components, including without limitation viruses. Under no circumstances will asensei be liable for any loss or damage caused by your reliance on information obtained through use of our Service. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information provided, and use of our Service is only at your own risk. You acknowledge that asensei makes no warranties, representations, or endorsements of any kind whatsoever as to our Service, our Service content, Coaching Material, user content or security associated with the transfer of information to asensei or through our Service. asensei has no control over, and no duty to take any action regarding any acts or omissions taken by you or any other user of our Service, including without limitation: (1.) your implementation of any exercises provided through our Services, (2.) what material you or other users access on or through our Service, or (3.) how you or any other user may interpret or use materials accessed through our Service. Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to you. By accessing or using our Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use our Service.
B) By using our Service in any manner, you agree to hereby waive trial by jury and give up your right to go to court to assert or defend any claims between you and asensei (except for matters that may be taken to "small claims" courts) You also forfeit your right to partake in a class action or other class action proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be reversed in court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, alter or vacate an arbitration award, may be initiated in any court having competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against asensei (except for "small claims" courts) may be initiated only in the federal or state courts located in the Northern District of California, United States of America. You hereby consent to the jurisdiction of those courts for such purposes.
asensei reserves the right in its sole discretion to terminate your account, delete your profile and any of your content, and restrict your use of all or any part of our Service for any or no reason, without notice, and without liability to you or anyone else. asensei also reserves the right to block users from certain IP addresses or device numbers and prevent access to our Service. These Terms remain in effect even after your account is terminated.
11. HOW TO CONTACT US
1. HOW DO WE USE THE INFORMATION YOU GIVE US
You understand and agree that our Apps carry out a number of functions including, but not limited to the following:
• Allow users to perform workouts and share the results with friends, family, and other users all over the world;
• May make public some specific results, for example, but not limited to, leader-boards for specific challenges;
• Track every workout you have performed and use data collected from sensing devices including but not limited to asensei motion sensors, the Concept2 Performance Monitor, other rowing machines, Heart Rate Monitors, Gym equipment and other third party sensors;
• Monitor the workouts you have performed, your results in that workout and recommend new workouts and products to you;
• Ask permission to access the user’s location and send notifications.
• May share workout data with 3rd parties, but this will be anonymised.
• To send you marketing communications about our products and services and the products and services of selected partners.
Our Service is not intended for children under the age of 13. We do not knowingly collect or maintain any personal information from anyone under the age of 13 nor is any part of our website, software or service directed to children under the age of 13. We do not knowingly allow such persons to register for our Service. In the event that we discover that we have collected information from a child under the age of 13, we will delete that information as soon as possible. If you believe that we might have any information from or about a child under the age of 13 using our software or services, please contact us at firstname.lastname@example.org.
4. COLLECTING INFORMATION
The information we collect will include the following:
Your username, password, e-mail address, date of birth, weight, height, workout affiliation, workout philosophy will be collected upon registering for asensei. Your password will remain private.
As a user of our Service you understand that we will collect data regarding, among other things, your ostensible fitness level based on your workouts and your time spent in our Apps. Our Service will however, ask for your permission to allow it to find your location.
The profile information that you provide for your user profile allows us to help you or others to be found on our Apps, in addition, it allows us to pair you with other asensei users and appropriately place you in leader-boards.
We will ask your permission to access photos and videos from your phone. We do not allow users to delete or edit any photos, videos or change data in workouts created then shared or challenged to other users. Please note that all photos, videos, and comments may be made public and can be shared by other users and third-party viewers. We are not responsible for any content posted by users on our Service.
We provide the option to submit feedback at www.asensei.com. We retain all rights to the information sent by the user via email, social media, feedback or anywhere in our Service and may use this information to improve our service. Your response to these communications may require you to submit personal information and opinions for which we are not and cannot be liable.
asensei will access the following on your device:
• Pictures and videos – we will ask for your consent.
• Approximate location. (network based)
• Precise location (GPS and network based) – we will ask for your consent.
• Find accounts on the device.
• Full network access.
• Apple store billing service.
• Receive data from internet
• View network connections.
• View Wi Fi connections.
• Prevent phone from sleeping.
5. USING AND SHARING YOUR INFORMATION:
• Help you efficiently access your information after you sign in.
• Remember information so you will not have to re-enter it during your visit or the next time you visit our Service.
• Provide personalized content and information to you and others, which could include online ads or other forms of marketing provide, improve, test, and monitor the effectiveness of our Service.
• Send you marketing communications about our products and services and the products and services of selected partners;
• Develop and test new products and features.
• Monitor metrics such as total number of visitors, traffic, and demographic patterns.
• Diagnose or fix technology problems and automatically update our Service on your device.
• Share your information, without your consent, on an anonymised basis with the Coaches or with sporting bodies such as Rowing Associations with whom we collaborate to help improve our Service.
We may preserve and share your information in response to a legal request if we have a good faith belief that the law requires us to do so. We may disclose information upon governmental request, in response to a court order, when required by law, to enforce our policies, or to protect our or others’ rights, property or safety. This may include responding to legal requests from jurisdictions outside of the United States where we believe that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also share information and preserve information with companies assisting in fraud protection or investigation. We may also share and preserve information to detect, prevent and address fraud and other illegal activity, to protect ourselves, you, and others.
B) By using our Service, you may also receive certain third-party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than us. For more details, please refer to the section below dealing with Third Party Organizations.
We may use third-party analytics tools to help us measure traffic and usage trends for our Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving our Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.
7. THIRD PARTY ORGANIZATIONS:
We may share user and your information (including but not limited to information from location data, and usage data) with third party organizations that help us provide service to you. In order to register as a user with asensei, you may be asked to sign in using your Facebook login. If you do so, you authorize us to access certain Facebook account information, such as your public Facebook profile (consistent with your privacy settings in Facebook), your email address, profile picture, user name, user id, gender, date of birth and friend list.
Any and all information or content that you voluntarily disclose for posting on our Service becomes available to the public and may be re-shared by others. This includes exercise summary data and corresponding photos, videos, workout content and work-out details.
If you remove information that you posted to or from our Service, copies may remain viewable and or copied and saved by other users or third-party organizations using our Service.
8. CHANGE OF OWNERSHIP
If we sell or otherwise transfer part or the whole of asensei or our assets to another organization (any change in ownership or any dissolution of our Service or company), your information such as name and email address, user content, user created workouts and any other information collected, through our Service may be among the items sold or transferred.
9. MAINTAINING YOUR INFORMATION
While we will endeavour to remove data which is no longer required or is materially out of date we do not allow users to delete any photos, videos, workout comments, work-out details or workout summaries for workouts that are either challenged or shared with other asensei users.
Your information collected through our Service may be stored and processed in the United States or any country in which asensei, its affiliates, service providers or partners maintain facilities.
By registering for asensei you consent that asensei and its affiliates. service providers and partners may send information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in other regions with laws governing data collection and use that may differ from U.S. law, note that we may send personal information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. You as the user consent to the transfer, use, and disclosure of this information to the U.S. or to any other country.
asensei cannot ensure the security of any information you transmit to asensei or guarantee that information on asensei may not be accessed, disclosed, altered, or destroyed. At any point, asensei may destroy, delete, alter any information, photos, videos, comments, user created workouts and user created exercises if it deems them inappropriate, harmful or dangerous to other users. asensei does not actively monitor any photos, videos, workouts, comments, exercise created by its users. Please contact us at email@example.com if you consider any item to be inappropriate.
Please note that you are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and asensei, at all times. Your privacy settings may also be altered by changes made to the social media services that you use to connect to asensei. We are not responsible for the functionality, privacy, or security measures of any other organization.
10. HOW TO CONTACT US
Guidelines for parents and guardians of teenage users of our Service
Users of our Service must be at least 13 years old, and fit and healthy in order to register to use the asensei Service.
We strongly believe that our Service offers high-quality coaching at an affordable price and helps to promote a healthy lifestyle. The feedback from carefully monitored trials has demonstrated clear benefits from using our service to improve sporting achievement. While, we and the Coaches, take great care in the preparation of Coaching Material all vigorous exercise carries some degree of risk.
We strongly recommend that teenage users speak with their parent or guardian before they register. We ask all users to provide accurate and current information about themselves in all registration forms on our Service. Our Service is intended solely for users who are thirteen (13) years of age or older and it is a violation of our Terms and Conditions for anyone under the age of 13 to register for our Service. If we become aware that a user has misrepresented their age their account may be deleted without warning.
Parents and guardians may wish to consider:
• what information the user puts in their profile so that they do not give any sensitive personal information;
• set up a password with the user and agree that this should not be altered without parental consent;
• setting guidelines for what photos, videos or other material should be posted through Social Media
The information contained in this website is for general information purposes only. The information is provided by asensei, Inc. and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of asensei, Inc. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, asensei, Inc takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Nike® and Swoosh® are registered trademarks of Nike, Inc in the U.S. and/or other countries.
CrossFit® is a registered trademark of CrossFit, Inc in the U.S. and/or other countries.
Any use of a third party trademark is in no way intended to imply an endorsement from or affiliation with the trademark owner.
This website and its content is copyright of asensei, Inc. - © asensei, Inc. 2016. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.