Terms of Service
Terms and conditions for use of Wattch Fitness software and website.
Welcome to Wattch! This website is owned and operated by Wattch Fitness. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement').
This agreement is in effect as of May 31, 2022.
These Terms of Service (“Terms”) are entered into between you and Wattch Fitness and its subsidiaries and affiliates (referred to collectively as “Wattch,” “we,” “our” or “us”). The Terms govern (a) your use of Wattch’s smartphone-connected fitness devices (the “Products”), (b) your use of our website, www.wattchfit.com, and (c) your access to and use of our virtual cycling app, mobile, desktop, or device applications for the Products, and other services, including any SMSs, APIs, email notifications, buttons, widgets, features, ads, commerce services, and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on or through the Sites (collectively with the Sites, the “Services”).
By accessing, registering for, or using the Products or Services, you: (1) acknowledge that you have read and understand these Terms, (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us. As used in these Terms and unless separately identified as applicable to either an individual or entity, “you” and “your” refer to both you individually and the entity on behalf of which you are entering into these Terms.
1. Disclaimer.
We reserve complete and sole discretion with respect to the function and operation of the Products and Services. We reserve the right to change terms for the Products and Services without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Products and Services at any time.
2. Your Eligibility to Use the Products and Services; Your Responsibility
To be eligible to use the Products and Services, you represent and warrant that you: (i) are at least 18 years of age; (ii) are not currently restricted from using the Services and are not otherwise prohibited from having an account related thereto; (iii) will only maintain one Service account at any given time; (iv) will only provide accurate information to Wattch in relation to your use of the Products and Services; (v) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; (vi) will not violate any rights of Wattch or a third party; and (v) will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Products and Services, including those relating to data privacy, international communications and the transmission of technical or personal data. Wattch reserves the right to refuse access to, and use of the Products and Services by users at our sole discretion.
You assume all responsibility for your use of, and access to, the Products and Services. Accounts for the Services are for a single user. Any multiple-party use is prohibited. For example, sharing a login is prohibited.
3. Personal Information; Your Content; Your Account
3.1. Privacy. To use certain Products and Services, you must register and create an account with us, which includes the submission of personally identifiable information such as your email address. Any personally identifiable information that you agree we may collect, disclose, store and otherwise use will be used in accordance with these terms. Wattch reserves the right to modify its privacy policy in its reasonable discretion from time to time.
3.2. Accuracy. By registering for our Products and/or Services, you represent and warrant that all information you submit to us is true, accurate, current, and complete and that you will promptly notify us if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.
3.3. Your Account. The account you create when you register on the Wattch mobile application and register to use the Services is owned by us. With regard to your account, you agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; (iv) not transfer your account to another party; and (v) notify us of any actual or suspected unauthorized use of your account or any other known or suspected breach of security. You are responsible for any activity occurring under your account. You are responsible for all acts of your Representatives using your account to access the Services as though such acts are your own.
3.4. Deleting Your Content and Activities. Wattch retains any of your Personal Information submitted by you or created through your use of the Services for only such time as is appropriate given the retention periods that we have determined.
4. Personal Use; Limited License; Ownership
Subject to the terms and conditions herein, Wattch grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the Services through a generally available mobile device to view content and information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell or assign this license, permit other users access to our Services through your account, or use the Services to host content for others. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and Wattch.
Furthermore, without the prior written approval of Wattch, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services. Any commercial use not expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices or warnings affixed to the Products or Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Products and Services you are using. The Products and Services, and all copies of the Products and Services, are owned by Wattch or its third-party licensors unless otherwise provided for in these Terms or under the operation of law and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. Wattch reserves all rights not expressly granted to you herein. You agree that you have no right to any Wattch trademark, trade dress, or service mark and may not use any such mark in any way unless expressly authorized by Wattch.
Making unauthorized copies or distribution of the Services or otherwise violating these Terms may result in the termination of your Wattch account, prohibition on use of the Services, and further legal action. Wattch reserves the right to limit your use of or access to the Services in its sole discretion at any time without notice in order to maintain the performance and availability of the Services and to enforce these Terms.
Wattch is not liable for the loss, corruption, alteration, or removal of any content transmitted using our Services. By using our Services, you expressly waive the right to seek damages and agree to hold Wattch harmless for any such loss, alteration, corruption, or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the Services.
5. Assumption of Risk
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Platform and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Wattch does not represent or warrant that our Platform is accurate, complete, reliable, current, or error-free. While Wattch attempts to make your use of our Platform safe, we cannot and do not represent or warrant that our Platform or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Platform.
You understand that the Platform is intended to be used in connection with athletic and fitness activities (including cycling, running and other sports). You expressly acknowledge that engaging in athletic or fitness activities as part of the Platform carries certain inherent and significant risks of property damage, 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 Wattch or by the action, inaction or negligence of others. You also expressly agree that Wattch does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, competition, contest, group interaction, gathering, or event that utilizes the Platform (whether or not with Wattch’s permission).
Please consult your physician before using the Platform in connection with any athletic and fitness activities. This is especially important for persons over age 35 or persons with pre-existing health problems. Discontinue any use of the Platform or engaging in any such athletic or fitness activities that cause you pain, fatigue, discomfort, nausea, dizziness, or shortness of breath and consult a medical expert. Start slowly and at the level that is appropriate for you. Don’t overexert yourself. Take breaks periodically. Stop and rest if your muscles, joints, or eyes become tired or sore. Do not use the service or engage in any such athletic or fitness activities under the influence of drugs or alcohol, and make sure your balance and physical abilities are sufficient for any movements and activities while using the Platform.