Please read the following terms of use (“agreement”) carefully before using the services (as defined below) offered by tribe app, inc. (“us”, “we”, “our” or “tribe app”). This agreement sets forth the legally binding terms and conditions for your use of the tribe app software embedded within the tribe app device, the tribe app subscription service(s) used in conjunction with the tribe app device(s) (“subscription” or “membership”), and the services, features, content, websites (or other linked pages) or applications offered, from time to time, by tribe app in connection therewith (collectively, the “service(s)”). These terms cover important information about services provided to you and any charges and amounts we bill you. These terms include information about future changes to these terms and automatic renewals.
“you” and “your” refer to the person accessing or using the services, or if you create an account on behalf of an employer, company, organization, or other entity, then (i) all references to “you” herein includes you and that entity, (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this agreement, and (iii) you agree to this agreement on the entity’s behalf.
By accessing and using the service in any manner, you acknowledge that you have read, understood, and agree to be bound by this agreement and the tribe app privacy policy (www.tribeapp.com/privacy) (the “privacy policy”), which is incorporated into this agreement by this reference. If you do not accept this agreement and the privacy policy, you are not authorized to use the services.
The TRIBE APP Membership includes a TRIBE APP Device and Battery Pack, plus access to the TRIBE APP, which provides personalized recovery, sleep, and strain insights, and built-in coaching features. TRIBE APP offers three Membership options – Monthly, Annual, and 24-Month. Pricing information for each Membership can be found at join.tribeapp.com.
The Services allow you to track, manage and share wellness-related information collected by the TRIBE APP Device. The Services are provided to you by TRIBE APP, in connection with our partners, service providers, sponsors, or other affiliates. So that we may safely and responsibly manage our website and mobile applications for all of our users, your use of the Services is subject to this Agreement and the Privacy Policy. TRIBE APP may modify this Agreement, the Privacy Policy, Content and/or the Services at any time and such modification will be effective upon posting such modifications to the Services. By continuing to access or use the Services after such modification, you are agreeing to be bound by the modified Agreement, Privacy Policy, Content and/or the Services, as applicable. Whether you purchased a Membership or received a Membership from a third party, including from an authorized third-party retailer or authorized third-party marketplace (each, an “Authorized Reseller”), this Agreement will apply to your use of the Services in conjunction with a Membership.
In order to use the Membership, you must subscribe, pay any applicable subscription fees (“Membership
Fees”) as and when
due, and create an account (“Account”). You agree to provide true, accurate and complete information and
keep your
Account information current and updated. You shall not select or use as a username
(i) a name of another person with the intent to impersonate that person or
(ii) a name subject to any rights of a person other than yourself without appropriate authorization. You
are solely
responsible for any and all activities that occur under your Account or password, and for keeping your
Account password
confidential and secure. You may never use another person’s account or registration information for the
Services without
permission. You agree to notify us immediately of any change in your eligibility to use the Services,
breach of security
or unauthorized use of your Account or password. You should never publish, distribute or post login
information for your
Account. You shall have the ability to delete your Account, either directly or through a request made to
one of our
employees or affiliates. TRIBE APP will not be liable for any loss or damage arising from your failure to
comply with
this Section.
You represent and warrant that you are at least 13 years of age, provided that if you are under the legal
age to form a
binding contract in your jurisdiction, your use of the Services is subject to requirements of parental
consent, in which
case
(i) your supervising parent or legal guardian is considered the user under this Agreement and is
responsible for any and
all activity; and
(ii) you represent that your parent or legal guardian has reviewed and agreed to this Agreement and the
Privacy Policy.
If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may,
in our sole
discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at
any time. The
right to access the Services is revoked where this Agreement or use of the Services is prohibited or to
the extent
offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
TRIBE APP software, text, graphics, images, video, audio, data and other material are made available to
you through the
Services (collectively referred to as the “Content”). Subject to this Agreement and your Membership, we
grant to you a
worldwide, non-exclusive, non-sublicensable and non-transferable limited license to
(i) access and use (i.e., to download and display locally) the Content and the software and applications
made available
through the Services and
(ii) use the TRIBE APP software embedded within the TRIBE APP Device (the “TRIBE APP Device”), in each
case solely for
purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content
for other than
purposes of using the Services is expressly prohibited without prior written permission from us. You shall
not sell,
license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any
third party
right. The Content may be owned by us or may be provided through an arrangement we have with others,
including other
users of the Services, or our partners, sponsors, or affiliates. The Content is protected by intellectual
property
rights, including copyright under both United States and other laws. Unauthorized use of the Content may
violate
copyright, trademark, and other laws. Other than your rights in any User Content (as defined below), you
have no rights
in or to the Content, and you may not use the Content except as permitted under this Agreement. No other
use is
permitted without prior written consent from us or the owner of the Content. You must retain all copyright
and other
proprietary notices contained in the original Content on any copy you make of the Content. You may not
sell, transfer,
assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a
derivative version
of, distribute, or otherwise use the Content in any way for any public or commercial purpose. If you
violate any part of
this Agreement, your permission to access and/or use the Content and Services automatically terminates and
you must
immediately destroy any copies you have made of the Content.
Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Your use of the Services should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
The Services include access to links to, and content and data from, third-party websites (“External Services”). These links, content, and data are provided solely as a convenience to you, are not an endorsement by us of the content on such External Services and may be subject to separate legal terms and conditions between you and third parties. The content of such External Services is developed and provided by others. In addition, the Services permit access to content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability
The Services are for personal use only and may not be used in connection with any commercial endeavors
except those that
are specifically approved by TRIBE APP. The following activities are expressly prohibited:
(i) collecting usernames and/or email addresses of other users by electronic or other means for the
purpose of sending
unsolicited email or other communications;
(ii) any use of the Services, which in our sole judgment, degrades the reliability, speed, or operation of
the Services
or any underlying hardware or software thereof;
(iii) use of web scraping, web harvesting, or web data extraction methods from TRIBE APP even if the
Account owner gives
permission; and
(iv) any use of the Services which is unlawful or in violation of this Agreement.
Unless otherwise prohibited by law, and without prejudice to TRIBE APP’s other rights or remedies, TRIBE
APP shall have
the right to immediately terminate
(i) your Membership if you breach any of the terms of this Agreement and
(ii) any of the Services, in our sole discretion at any time; provided that if you are not in breach of
this Agreement,
we will provide you with a pro rata refund of any Membership Fee paid by you in advance reflecting the
period where you
did not benefit from the terminated Services as a result of such termination.
You must maintain an active Membership to continue using the Services. This Agreement and your Membership may be renewed for additional Membership periods pursuant to the Membership purchased. If you do not maintain an active Membership and pay all Membership Fees when due, this Agreement shall terminate.
If you have obtained a free Membership, TRIBE APP reserves the right at any time to modify or discontinue, temporarily or permanently, such free Membership, your Account and your access to the Services with or without notice. Unless modified or discontinued by TRIBE APP in its sole discretion, your free Membership shall continue until the end of the applicable free Membership period, or until you cancel or upgrade to a paid Membership.
Unless otherwise stated, all Membership Fees are non-refundable, even if you stop using the Services. If you purchased Services directly from TRIBE APP, your Membership will begin once you connect your TRIBE APP Device, or thirty (30) days after shipment of your TRIBE APP Device, whichever is soonest. If you purchased Services from an Authorized Reseller, your Membership will begin once you connect your TRIBE APP Device. If you do not activate your TRIBE APP Device and TRIBE APP no longer supports the generation of product purchased, the Membership purchased will be forfeited.
In the case of a monthly Membership, you authorize TRIBE APP to charge your credit card after each one (1) month pre-paid period ends and, subject to our Warranty and Return Policy below, you may only cancel your monthly Membership after your initial commitment period of twelve (12) months ends. In the case of annual and 24-month Memberships, the initial non-refundable (subject to the terms found in our Warranty and Return Policy below) Membership Fee covers the first 12 or 24 months of your Membership (“Initial Membership Fee”), respectively. The Initial Membership Fee also covers the cost of your TRIBE APP Device, and you will retain ownership of your TRIBE APP Device after you stop or cancel your Membership and after payment of the Initial Membership Fee.
If any Membership Fees are due are outstanding for a period of three (3) days or more, your Account will go into an inactive state. In this inactive state, you will be unable to upload data from your TRIBE APP Device. You will, however, still be able to access any historical data, that is, data which is uploaded prior to your Account entering into an inactive state. Upon appropriate payment, your Account will be reactivated, and you will be able to utilize the full functionality of the Membership and your TRIBE APP Device.
Upon cancellation or termination, all licenses granted to you hereunder shall terminate automatically, your right to use the Services shall cease and your User Content, as defined below, will no longer be available to you through the Services.
You shall receive the support and maintenance, if any, as set forth in our FAQs or as provided with your Subscription
The Services may include functionality to permit the submission of your Content, whether manually at the direction of users of the Services or automatically in accordance with your Account settings (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You warrant and represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. User Content includes, without limitation, any user profile information you submit and make publicly available, any information collected by the TRIBE APP Device, including, without limitation, statistics and measurements, wellness information and recovery scores generated through the use of the Services, and any information submitted by you to “tag” any activities recorded through the Services. You understand that TRIBE APP does not guarantee any confidentiality with respect to User Content that you submit and make available to others.
You shall be solely responsible for User Content you submit or allow to be collected and the consequences
of our posting
or publishing such User Content. In connection with any User Content you submit, you affirm, represent,
and/or warrant
that:
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to
use all patent,
trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to
enable inclusion
and use of the User Content in the manner contemplated by the Services and this Agreement; and
(ii) you have the express specific, informed and unambiguous consent, release, and/or permission of each
and every
identifiable individual person in the User Content to use the name or likeness of each and every such
identifiable
individual person to enable inclusion and use of the User Content in the manner contemplated by the
Services and this
Agreement. By submitting the User Content to us, you hereby grant us a perpetual, worldwide,
non-exclusive,
royalty-free, sublicensable and transferable license to edit, modify, truncate, aggregate, use, reproduce,
distribute,
prepare derivative works of, modify, display, perform, publish and otherwise commercially exploit all or
any portion of
the User Content in connection with our provision of the Services and our (and our successors’) business,
including
without limitation for promoting and redistributing part or all of the Services (and derivative works
thereof) in any
media formats and through any media channels and sharing the User Content with social media platforms
(i.e., posting
User Content to Twitter or Facebook if enabled in your Account’s sharing settings) with our business
partners and
licensees for informational and analytical purposes.
If your use of the Services is on behalf of or managed by a coach, team, organizing body or other entity you are affiliated with (“Managing Entity”), your User Content may also be shared with that team or other organization as more fully described in our Privacy Policy. You consent to that sharing and acknowledge and agree that we are not responsible for any use or disclosure of your information by that Managing Entity. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, if you have permitted such access through your Account settings, and to use, reproduce, distribute, prepare derivative works of, display, publish and perform such User Content as permitted through the functionality of the Services and under this Agreement. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.
In connection with User Content, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party
proprietary
rights, including privacy and publicity rights, unless you are the owner of such rights or have permission
from their
rightful owner to post the material and to grant us all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage us or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic,
harassing, hateful,
racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give
rise to civil
liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business; or
(v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or
advice expressed
therein, and we expressly disclaim any and all liability in connection with any User Content. We do not
permit copyright
infringing activities and infringement of intellectual property rights in connection with the Services,
and we will
remove all Content and User Content if properly notified that such Content or User Content infringes on
another’s
intellectual property rights. We may remove any Content and User Content without prior notice. We may also
terminate
your access to the Services if you are determined to be a repeat infringer. A repeat infringer is anyone
who has been
notified of infringing activity more than once and/or has had any User Content removed from the Services
more than
twice. We also reserve the right to decide whether Content or User Content is appropriate and complies
with this
Agreement for violations other than copyright infringement and violations of intellectual property law,
such as, but not
limited to, Content or User content that is of excessive length, unlawful, obscene, defamatory, libelous,
threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be
considered a
criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate. We may
remove such User
Content and/or terminate your access for uploading such material in violation of this Agreement at any
time, without
prior notice and at our sole discretion.
If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of this Agreement (e.g., violations of criminal laws) is: General Counsel, Tribe App, Inc., 1325 Boylston Street, Suite 401, Boston, MA 02215. Only notices pursuant to this Section 7 and notices relating to complaints in connection with User Content or violations of this Agreement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be addressed to the address in Section 15.
Tribe app provides the services for you to track, manage, and share your wellness-related information. The services and any results or content displayed via the services, whether provided by tribe app or third parties, do not provide medical advice and are not intended to be a substitute for (i) advice from your doctor or other medical professionals, or any diagnosis or treatment or (ii) a visit, call or consultation with your doctor or other medical professionals. The services do not and are not intended to treat or prevent any medical condition. All content available through the services is for general informational purposes only. Use of the services, or communication with us via the internet, e-mail or other means, does not create any doctor-patient relationship. If you have any health-related questions, please call or see your doctor or other healthcare provider. 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. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet, exercise, consultations, or training program. You agree that your exercise activities carry certain inherent and significant risks of bodily injury, death or property damage, and that you voluntarily assume all known and unknown risks associated with these activities.
The Content available through the Services may include training recommendations, and other media to help you meet your health, fitness, and wellness goals. You acknowledge and agree that TRIBE APP is not a healthcare provider, personal trainer or fitness instructor and that the Services (including any recommendations and any information available through the Services that may appear to be personalized) may not be appropriate for you. TRIBE APP is not responsible for any results that may or may not be obtained from the use of the Service.
You agree to defend, indemnify, and hold us and our subsidiaries, affiliates, officers, agents,
suppliers, employees,
partners and licensors harmless from and against any claims, actions or demands, including, without
limitation,
reasonable legal and accounting fees, arising or resulting from
(i) your User Content,
(ii) your breach of this Agreement,
(iii) your uploading of, access to, connection to, or use or misuse of the Content or the Services, or
(iv) your violation of law. We shall provide notice to you of any such claim, suit, or proceeding and
shall assist you,
at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the
exclusive defense
and control of any matter which is subject to this section. In such case, you agree to cooperate with any
reasonable
requests assisting our defense of such matter.
Except as stated in section 17, the services and content are provided on an “as is” and “as available” basis without any express or implied warranties or conditions of any kind. We hereby disclaim all implied warranties and conditions, including, but not limited to, the warranty of title, merchantability, non infringement of third parties’ rights, and fitness for particular purpose.
We, our affiliates, our partners, and our and their respective officers, directors, employees, agents, suppliers, or licensors, make no warranties or representations about the content (including the user content) or services, including but not limited to accuracy, reliability, completeness, timeliness, or reliability.
Neither we nor our affiliates or partners shall be subject to liability for truth, accuracy, or completeness of any information conveyed to users of the services or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. Further, we make no warranty that the services will be available error free or that the services or the content are free of computer viruses or similar contamination or destructive features. If your use of the services or the content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs. You agree that your use the services and the content at your own risk.
In no event shall we be liable for any damages (including, without limitation, incidental, special or consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the tribe app device, the battery pack, the services and/or the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, in excess of one hundred dollars, even if a we have been advised of the possibility of such damages.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law.
If you are a user from new jersey, section 12 (disclaimer of warranty) and section 13 (limitation of liability) are intended to be only as broad as is permitted under the laws of the state of new jersey. If any provision of these sections is held to be invalid under the laws of the state of new jersey, the invalidity of such provision shall not affect the validity of the remaining provisions of the applicable sections.
The Services may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services, but this is not always practical. Similarly, we reserve the right to remove any Content or User Content from the Services at any time, for any reason (including, but not limited to if someone alleges you contributed Content or User Content in violation of this Agreement), in our sole discretion, and without notice.
(i) product liability claims;
(ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory
requirement; and
(iii) claims arising under consumer protection or similar legislation.
TRIBE APP and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
If you have any questions regarding the Services, please contact TRIBE APP via contact support.tribeapp.com or call 1-833-948-0566. Our mailing address is TRIBE APP, Inc., 1325 Boylston Street, Suite 401, Boston, MA 02215.
If you are unhappy or unsatisfied with your TRIBE APP Device or the Services you may cancel your Membership and return your TRIBE APP Device (at your own cost) for any reason within thirty (30) days of receipt of your TRIBE APP Device for a full refund of the Initial Membership Fee (which will be paid via your original payment method), less return shipping costs.
For purchases made directly from TRIBE APP, you may request a return within thirty (30) days of receipt of the TRIBE APP Device by following the instructions in the “Standard Return” section below.
For purchases made from an Authorized Reseller, you must return the initial TRIBE APP Device purchase (including the hardware, band, and battery pack) to the original point of sale for a refund, subject to the Authorized Reseller’s return policy. TRIBE APP will not at any time issue a refund for purchases made from an Authorized Reseller or any other third-party retailer or any other third-party marketplace.
To request a return, you must contact Support at support.tribeapp.com, at which point a return shipping label will be provided to you. Once you have requested your return, you are eligible for a refund of the Initial Membership Fee, less return shipping costs, as long as the TRIBE APP Device is received within thirty (30) days from the date you requested the return.
To cancel your Membership within the thirty (30) days of receipt of the TRIBE APP Device in order to receive your refund, you must return the TRIBE APP Device in the manner described above. If you do not return the TRIBE APP Device within that 30-day period, the refund will not be applied.
Once the 30-day period has passed, you may still return the TRIBE APP Device, but you will not receive a refund for all or any portion of your Initial Membership Fee. While you may still cancel your Membership at any time, the cancellation of the Membership after the 30-day period has passed will not go into effect until the end of the initial subscription period. You may discontinue your use of the Membership and Services at any time.
Once a return is requested, TRIBE APP will cancel the Account associated with the return. For the sake of clarity, you will not be able to use the Account associated with the TRIBE APP Device that was returned.
Once a TRIBE APP Device is returned, we reserve the right to refurbish the TRIBE APP Device for sale or for the TRIBE APP Device to be sold as a replacement TRIBE APP Device.
TRIBE APP warrants that your TRIBE APP Device and Battery Pack are free from defects in materials or workmanship for as long as you have an active membership with no outstanding balance or any unpaid fees (such period, the “Warranty Period” and such warranty, the “Lifetime Warranty”). If your TRIBE APP Device or Battery Pack is defective during the Warranty Period, TRIBE APP will provide the necessary replacement, subject to the conditions below, at no additional charge. TRIBE APP is not responsible to repair or replace your TRIBE APP Device or Battery Pack if you violate this Lifetime Warranty. This Lifetime Warranty is non-transferable.
This Lifetime Warranty gives the purchaser specific legal rights. You may also have other rights which vary from state to state that may result in the change of this Lifetime Warranty. This Lifetime Warranty may differ for Members who receive a TRIBE APP Device as part of a TRIBE APP Unite partnership, but only as permitted by applicable law.
Payment of a one-time-fee to upgrade or replace your TRIBE APP Device will not change the terms of your Membership to the Services.
If an upgraded or replacement TRIBE APP Device is provided to you as part of a Membership renewal offer then the new Membership period will begin immediately upon purchase and remaining days in your current Membership, if any, will be appended to your account.
TRIBE APP currently offers the following trial options: (1) a free one-month trial period to all end users (a “Free Trial”); or (2) an option to purchase a two- or tree-month trial period to certain end users (each, a “Prepaid Trial,” and together with a “Free Trial,” a “TRIBE APP Trial”), all to allow the end user to try the TRIBE APP Device, Battery Pack and Services before committing to one of the three TRIBE APP Membership options described in Section 1. This Section 19 sets forth additional legally binding terms and conditions that govern a TRIBE APP Trial.
Under California Civil Code Section 1789.3, California users of the Services 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.