Welcome to the SWEAT community!
User Account Creation
To use certain features of the Platform, you will need to create a user account (each, a "User Account") by providing your first and last names, an email address, a password, your date of birth and other information that we may require from time to time. You will also be required to create a username for your User Account in order to access the forum hosted on the Platform. Please provide accurate and current information when creating your User Account. You can also create a User Account by using your Facebook credentials.
SWEAT may, at its sole discretion:(a)
limit the number of User Accounts that you may create or maintain;(b)
stipulate additional conditions and requirements for the opening or maintaining of User Accounts; and/or(c)
By using the User Account, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). SWEAT is not responsible for any loss or activity that results from the unauthorised use of your User Account due to your failure to secure your access credentials.You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your User Account. You must immediately notify the SWEAT team in writing at email@example.com of any unauthorised use of your User Account or any other breaches of security.
Suspension and termination
- SUBSCRIPTION SERVICE
You can choose to subscribe to the Platform either on a monthly, quarterly or annual basis, or for such other periods that SWEAT may offer from time to time, and the applicable fees are set forth on the SWEAT webpage (https://www.sweat.com) or on the applicable app store from which the SWEAT App can be downloaded.
Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.SWEAT reserves the right to revise and update the applicable fees for subscriptions (including the fees set out on the relevant app stores where you subscribe to the Platform), and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.
We may provide a free trial subscription for a fixed period of time, as determined by SWEAT in its sole discretion. Unless otherwise stated by SWEAT in respect of specific promotions, free trials are only available to new SWEAT users, and SWEAT reserves the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different User Account or using a different email address. Furthermore, any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged for the applicable subscription fees.After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription before the end of the trial. To cancel your subscription during the trial, please refer to the instructions set out below under "Automatic renewal of subscription".
You can pay the fees for your subscription on the SWEAT website or SWEAT App either through a credit card, PayPal payment or Stripe payment, or through your account with the applicable app store in the case of the SWEAT App (i.e. through in-app purchases).
The price of your subscription, as well as the currency in which your subscription is payable, will be specified during the order process, and may vary depending on your country of residence (as determined by the IP address of your device used to access the Platform).
When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. SWEAT reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.In addition to the subscription fee you are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. You are responsible for paying any such fees.
Automatic renewal of subscriptionYour subscription will automatically renew unless you cancel at least twenty-four (24) hours before the end of the current billing period. However, you may cancel your subscription at any time by navigating to your profile page and following the prompts to cancel your subscription. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.
Cancellation and refund of subscription fees
Where you have subscribed for the Platform through an app store, the cancellation and refund of subscription fees will be governed by the applicable terms and conditions of that app store.
Where you have subscribed for the Platform through our website, you may change your mind and receive a full refund of the amount you have paid for the subscription within fourteen (14) days starting from the day you subscribed to the Platform through our website (the "Cooling-off Period"):(a)
if you sign up for a free trial, you agree that the Cooling-off Period for the paid subscription that you are receiving the free trial in connection with ends fourteen (14) days after you start the free trial - if you use the Platform during the free trial and don’t cancel the paid subscription before the free trial ends, you lose your right of withdrawal; and(b)
if you purchase a subscription, you agree that the Cooling-off Period is available for fourteen (14) days after you have paid for the subscription, but the Cooling-off Period expires once you use the Platform during that period.
Following expiry of the Cooling-off Period, subscriptions are non-refundable and there is no right to refunds or credits unless required by Applicable Laws. Although you may notify us of your intention to cancel your subscription at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund.
CYBER SALE 2023 PROMOTION
The Cyber Sale promotion (Promotion) is subject to these terms and conditions:(a)
this Promotion starts:(i)
on the SWEAT website (sweat.com) at 10.00am 6 November 2023 ACDT and ends at 10.00am 12 December 2023 ACDT; and(ii)
in the SWEAT App at 10.00am 13 November 2023 ACDT and ends at 10.00am 12 December 2023 ACDT.
Unless expressly stated in these terms and conditions, the below sections apply regardless of the Platform the Promotion is redeemed;(b)
this Promotion is available to new and former SWEAT Users, however excludes current paying/active/trial SWEAT Users or those who have recently cancelled but are yet to finish their remaining billing cycle;(c)
this Promotion can be redeemed on our website and in the SWEAT App during the relevant promotion period stipulated in section (a) above;(d)
this Promotion cannot be combined with any other promotion, discount, offer, code or coupon;(g)
SWEAT reserves the right to revoke, cancel and/or amend the Promotion and these Promotion terms and conditions at any time without notice; and(h)
NEW YEAR 2024 PROMOTION
The New Year 2024 promotion (NY Promotion) is subject to these terms and conditions:(a)
this NY Promotion starts at 10.00am 11 January 2024 ACDT and ends at 10.00am 1 February 2024 ACDT;(b)
this NY Promotion can only be redeemed on our website during the NY Promotion period stipulated in section (a) above;(c)
this NY Promotion excludes current paying/active/trial SWEAT Users or those who have recently cancelled but are yet to finish their remaining billing cycle;(d)
The currency in which your subscription is payable will be specified during the order process, and may vary depending on your country of residence (as determined by the IP address of your device used to access the Sweat app);(f)
this NY Promotion cannot be combined with any other promotion, discount, offer, code or coupon;(g)
SWEAT reserves the right to revoke, cancel and/or amend the NY Promotion and these NY Promotion terms and conditions at any time without notice; and(h)
- USE OF THE PLATFORM
By using the Platform, you confirm that you will not use the Platform for any of the following:(a)
Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which SWEAT or the User are bound in any jurisdiction applicable to the access and use of the Platform ("Applicable Laws").(b)
Unauthorised Use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform; (iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (vi) uses the User Account information of another person to access or use the Platform; or (vii) transfers access or rights to your User Account to a third party.(c)
Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Platform about other Users including addresses, phone numbers, email addresses and credit card details.(d)
You are solely responsible for all content or materials that you submit or otherwise upload to or through the Platform or to us (including any information contributed by you in respect of any blog, forum or chatroom, and any comments, feedback or ideas that you send to SWEAT) ("Contributed Content") and expressly agree not to submit or upload any Contributed Content which:(i)
advertises or promotes any services or brands (with respect to you or any third party);(ii)
contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal;(iii)
you know not to be true and honest, or which spreads false or misleading statements;(iv)
you do not have the right to submit or upload, including where the content may infringe any Intellectual Property Rights of any party;(v)
impersonates any person or entity or otherwise associates, infers or misrepresents the User’s affiliation with a person or entity;(vi)
contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure;(vii)
contains, or links to, viruses, corrupted data or other harmful, disruptive or destructive files;(viii)
constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute "spam";(ix)
may expose SWEAT or other Users to any harm or liability of any kind; or(x)
is contrary to any Applicable Laws.(b)
You acknowledge and agree that some of your Contributed Content might continue to be publicly available on the Platform after your User Account is closed or otherwise terminated, subject to your right to have your Contributed Content removed upon request in accordance with Applicable Laws.(d)
- AVAILABILITY OF SERVICES, SECURITY
- SWEAT shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of SWEAT's control. SWEAT will use commercially reasonable efforts to avoid downtime of the Platform, but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.
- You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.
- You acknowledge and agree that SWEAT shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Platform or any technical problems, system failures or security breaches; (b) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Platform.
- You must immediately notify the SWEAT team in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform.
- Users may also be required to download and install updates to the SWEAT App so as to maintain access to the Platform and its services. A User's failure to do so might lead to certain services offered on the Platform becoming temporarily inaccessible to the User until such update has been downloaded and installed.
- INTELLECTUAL PROPERTY, USE LICENCE
SWEAT's ownership of the PlatformAll of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, "Intellectual Property Rights") in the Platform and the material published on and through it (except the Contributed Content) are owned by SWEAT, its licensors and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.
User's licence to use Platform.
you are granted a limited, personal, non-transferable, non-sublicensable and revocable license to access and use the Platform (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from SWEAT(b)
you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Platform; and(c)SWEAT reserves the right to monitor your use of the Platform and to alter or revoke your license or your access to the Platform at any time and for any reason. Your license shall terminate upon the expiry or termination of your User Account.
you may not use any data mining, robots or similar data-gathering or extraction methods.
By posting or otherwise providing Contributed Content, you grant SWEAT a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Contributed Content on and through the Platform (and across different media for any purpose) and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content.(b)
THIRD PARTY SERVICES AND CONTENT
In using the Platform, you may view content provided by third-parties, including links to web pages and services of such parties ("Third Party Content"). Unless expressly stated otherwise, SWEAT does not control, endorse or adopt any Third Party Content and has no responsibility for Third Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction.
Your dealings or correspondence with such third parties are solely between you and the third party. SWEAT is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.If you access the Platform through or using any services or software provided by third parties, you acknowledge and agree that SWEAT is not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third party services or software.
- LIMITATIONS OF LIABILITY, DISCLAIMER, INDEMNITY
Limitation of Liability(a)
Subject to the foregoing, to the maximum extent permitted by Applicable Laws:(i)
in no event shall SWEAT, its affiliates and its and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Associated Parties") be liable for any:(A)
indirect or consequential loss; or(B)
loss of profit, business opportunity, anticipated savings, revenue or goodwill,
To the maximum extent permitted under Applicable Laws, the Platform and any product, service or other item provided by or on behalf of SWEAT are provided on an "as is" and "as available" basis and SWEAT expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, SWEAT does not represent or warrant that the Platform is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.(b)
To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand SWEAT and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with directly or indirectly:(a)
your use of, or conduct in connection with, the Platform;(b)
the Contributed Content you provide; or(d)You will provide SWEAT and the Associated Parties with any assistance that SWEAT and the Associated Parties reasonably requests in defending any such action or proceeding.
your violation of any Applicable Laws or the rights of any other person or entity.
- COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION
- If you have any questions, feedback or complaints, please contact the SWEAT team at the following email address: firstname.lastname@example.org. Alternatively, you can contact the SWEAT team by completing a contact form (available at this webpage: http://support.sweat.com/he/en-us/requests/new) or through the chat function on the SWEAT website.
FORCE MAJEURE EVENT
WaiverNo waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
Third party rights
FORUM COMMUNITY GUIDELINES ADDENDUM
The SWEAT Forum is a dedicated place for women to share their experiences, gain knowledge, find inspiration and develop encouraging friendships during their health and fitness journey. Many women believe the key to reaching their fitness goals lies in having support and advice along the way, and we agree!
We encourage users to post content that is helpful throughout a health and fitness journey. We ask that you be respectful and supportive of one another as we each strive to reach our goals and become happier and healthier!
- Always be polite and respectful towards others
- Profanity is discouraged and will be moderated
- No bullying/harassment or malicious comments
- Don’t post anything illegal, offensive or NSFW (e.g. inappropriate photos, illegal supplements, etc)
- Don't post pro-anorexia/suicide/self-harm related content
- Don’t post links to other sites that violate the forum guidelines
- Spam, commercial advertising and self-promotion will not be tolerated
- Use your discretion when posting personal information about yourself– do not post anything that you wouldn't be happy sharing publicly online; this is not a private forum and this information can be accessed by anyone at any time – see the section 'Sharing information in the SWEAT Forum' below for further details
- We encourage healthy conversation and constructive debates but discourage arguments or content that is inflammatory
- Sweat does not endorse anything posted by Forum Users and has no responsibility for how the information that you choose to post in the Forum is used.
If you find a post that you feel violates these guidelines, please flag it by using the ‘report’ feature next to the comment.
Sharing information in the SWEAT Forum
The Forum is a public forum, which means that anything you post is public information (including your username) and can be seen by anyone online, whether or not they are a part of our community.Always remember that when you share content in the Forum, other people can screenshot or reshare that content. As the Forum is public, information posted in the Forum may be searchable via third party internet search engines (such as Google), websites and apps.
- If you do choose to share information which can be linked to you, be careful about what you post.
- We recommend that you do not post sensitive personal information that can be linked back to you or anybody else. Remember to use your discretion when posting in a public forum.
- Do not share personal information about other people or content that you do not have the right to share in the Forum.
- We have no responsibility over the information that you choose to post in the Forum.
- Remember that if you choose to use your real name for your Forum username, then your posts can be linked back to you personally.
- If you choose to link your Instagram name to your Forum account, then it will be possible for people to find your Instagram page via the Forum and link your Forum posts back to you personally.
PRENATAL AND POST-PREGNANCY PROGRAM ADDENDUM
These provisions apply when you participate in the Prenatal Workouts or Post-Pregnancy Workouts offered by SWEAT on the Platform. If you do not agree to these provisions, you must not participate in the Prenatal Workouts or Post-Pregnancy Workouts.
1. Specifically, when participating in any of the Prenatal Workouts or Post-Pregnancy Workouts, you represent, warrant and acknowledge the following:
you are participating in the Prenatal Workouts or Post-Pregnancy Workouts entirely at your own risk, and acknowledge that if you make any modifications to the Prenatal Workouts or Post-Pregnancy Workouts while participating in the Prenatal Workouts or Post-Pregnancy Workouts, or if you undertake, while pregnant, any SWEAT Program or workout not recommended by SWEAT, you also do so entirely at your own risk. In addition, you understand that, in participating in the Post-Pregnancy Workouts, there is (amongst other potential health risks), a risk of organ prolapse, back pain, bladder leakage, poor C-section scar healing, and the rate of reduction of diastasis recti (abdomen separation post birth). You acknowledge that these matters can all be affected by the pace, frequency and nature of exercise that you engage in before, during and post pregnancy and that you need to use caution and seek professional health advice if you are at all unsure about your health or fitness to continue, or health concerns arise after, you have undertaken any exercise as part of the Prenatal Workouts or Post-Pregnancy Workouts;
you have obtained and relied on the medical clearance of your doctor, physician, obstetrician or other medical professional in determining to participate (and once commenced, to continue participating in) the Prenatal Workouts or Post-Pregnancy Workouts;
the Prenatal Workouts and Post-Pregnancy Workouts are provided for informational purposes only. You acknowledge that any instruction, information, or guidance contained in the Prenatal Workouts or Post-Pregnancy Workouts is not a substitute for medical advice, consultation, and/or medical treatment from your doctor or healthcare provider. You should not delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of any instruction, information or guidance contained in the Prenatal Workouts or Post-Pregnancy Workouts.
SWEAT makes no representation or warranty that any particular fitness, nutrition or health program is suitable, safe or adequate for any particular User. Accordingly, SWEAT is not aware of and cannot determine your individual suitability for the Prenatal Workouts or Post-Pregnancy Workouts. To the maximum extent permitted by Applicable Laws, you will indemnify SWEAT and the Associated Parties and hold them harmless against all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs or expenses including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with directly or indirectly:
your participation in the Prenatal Workouts or Post-Pregnancy Workouts; or
your breach of any of the provisions of this Prenatal and Post-Pregnancy Program Addendum;
any information provided by you to Sweat in connection with the Prenatal Workouts or Post-Pregnancy Workouts, including the fact that you have received medical clearance to participate in the Prenatal Workouts or Post-Pregnancy Workouts, is true, and you further acknowledge that SWEAT has relied on this representation in order to make available to you the participate safely in the Prenatal Workouts or Post-Pregnancy Workouts; and
you are responsible for your own safety and are participating in this fitness activity at your own risk. You will not exceed the exercise recommended by your physician or health care provider. You know that you need to stop exercising immediately and seek medical advice if at any time during or after having undertaken any exercise as part of the Prenatal Workouts or Post-Pregnancy Workouts, you experience faintness, dizziness, pain, discomfort, bleeding, or shortness of breath, feel generally unwell or experience pain or discomfort, lower back or abdomen pain, or any other form of pain or symptoms (including without limitation any symptoms that your doctor, physician, obstetrician or other medical professional advised you of prior to engaging in the Prenatal Workouts or Post-Pregnancy Workouts, or at any time thereafter).
In this Section 1 (Australia) of these Additional Terms:(a)
Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth);(b)
Consumer has the meaning given to that term in section 3 of the Australian Consumer Law; and(c)
Where you acquire as a Consumer:(a)
Section 1.1 (Eligibility) is replaced with the following:
By accessing or using the Platform, you confirm that:(a)
you are of legal age in your country and not under 16 years old. In the case where you are resident in a province or jurisdiction where the legal age is 18 or 19 years old, you confirm that you are 18 or 19 years old or older (as applicable); and(b)
- UNITED STATES OF AMERICA
Section 1.1 (Eligibility) is replaced with the following:
By accessing or using the Platform, you confirm that:(a)
you are of legal age in your country and not under 16 years old. In the case where you are resident in a state or jurisdiction where the legal age is 18 years old, you confirm that you are 18 years old or older; and(b)