Effective Date: May 25, 2018
Welcome to Rouvy.com and related applications Rouvy Desktop, Mobile and Tablet application, PowerTap Mobile, Magura Mobile, O-Synce Mobile, Bulls Mobile – (collectively “Rouvy,” “We,” “Us,” or “Our”).
Subscribers, customers, users, third parties acting on behalf of users, or others who download, use, purchase, subscribe, aggregate ROUVY data, information, or Content available on or via ROUVY affiliated websites, or otherwise interface with or access the ROUVY affiliated websites or Services (collectively or individually “You” “User” or “Users”) must do so under the following ROUVY Terms and Conditions of Use (“Terms”).
BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE THESE TERMS. IF YOU DO NOT AGREE TO THE THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
BY USING THE SERVICES, A USER THEREFORE AGREES, REPRESENTS AND WARRANTS THAT:
he or she has received consent from his or her physician to participate in ANY programs, workouts, exercises, OR ANY OTHER FITNESS OR HEALTH RELATED ACTIVITY provided by ROUVY or displayed AS CONTENT on its affiliated websites.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.
The Services cannot be provided and the agreement described in these Terms cannot be performed without ROUVY processing data about you, and other ROUVY members, including your location data. Processing of the data you share with ROUVY, including location data, is essential to the Services which we provide and a necessary part of our performance of the agreement we have with you.
The Services are owned and operated by ROUVY. The ROUVY software, content, visual interfaces, information, graphics, design, compilation, computer code, online platform, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Services (collectively, the “Materials”) are protected by Czech Republic copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials and components contained in the Services are the property of ROUVY or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Services are proprietary to ROUVY or its affiliates and/or third-party licensors. Except as expressly authorized by Rouvy, any and all Users agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
The Services are intended solely for persons who are 13 years old or such higher age required in your country to use the Services. In order to access certain functionality of the Services, such as that relating to health data, you must be at least 16 years old. Users agree that the information that they provide ROUVY upon registration and at all other times will be true, accurate, current, and complete. Users also agree that they will ensure that this information is kept accurate and up to date at all times.
You may register for or log-in to your account via a third-party network, such as Facebook or TrainingPeaks. If you do so, you hereby authorize Rouvy to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. If you connect your account to a third-party network, you agree to comply with the terms and conditions and policies applicable to such third party.
When a User registers as a member and obtains an account, he or she will be asked to provide a password. Because a User will be responsible for all activities that generate from his or her account, and one can only access his or her account upon the transmission of the associated password, a User should keep that password strictly confidential at all times. A USER MUST NOTIFY ROUVY IMMEDIATELY OF ANY UNAUTHORIZED USE OF HIS OR HER PASSWORD OR IF HE OR SHE BELIEVES THAT PASSWORD IS NO LONGER CONFIDENTIAL. ROUVY reserves the right to suspend a User’s account and/or require that such User alter his or her password if we believe for any reason that such User’s password is no longer secure. A USER MAY NOT SHARE HIS OR HER ROUVY ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.
The User agrees to pay any fees due for and incurred by subscribing to any of our enhanced Services that require payment on the part of Users (“Paid Services”). To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, a third party, like iTunes or Google Play, or any other payment method made available by Rouvy) (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. You may switch to a different Payment Method or update your information by visiting https://rouvy.com. If you signed up through the Google Play or iTunes store, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by ROUVY, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via https://support.rouvy.com.
Paid services will be billed automatically at the start of the monthly or 6-months or annual period, as applicable. These fees will auto-renew until your Paid services are downgraded or terminated. Your Paid Services fees will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your Paid services at any time, as described below.
In general, ROUVY has no-refund policy. ROUVY subscriptions include a 14-day free trial for new customers. In exceptional cases, a prorated refund can be granted for 6-month and 12-month cancelled subscription plans. 15 USD processing fee would be applied to the refunded amount. To claim a refund, please contact us at https://support.rouvy.com. No refunds will be issued for the monthly service.
To use or access our applications, you will need a compatible device. We cannot guarantee the applications will be compatible with, or available on, your device. We do not charge for use of some basic applications; however, you may need to pay fees to use certain premium applications or features. Further, your phone company's normal messaging, data, and other rates and fees will still apply.
By downloading or using our applications, you expressly agree we may communicate with you regarding transactions you have initiated on the Services or respond to your communications to us through the Services by SMS, MMS, text message, or other electronic means directed to your device and that certain information about your usage of the applications may be communicated to us automatically form your device. We will not send you direct messages of a marketing nature without your prior express written consent and you can opt out of receiving any marketing messages from us at any time.
We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use our applications downloaded directly from a legitimate marketplace or directly on https://rouvy.com, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the applications, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
If you download our applications from a third-party app store (the "App Provider"), you acknowledge and agree that:
vIf a third party claims an application infringes another party's intellectual property rights, as between the App Provider and ROUVY, ROUVY will be responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms
A USER UNDERSTANDS AND HEREBY ACKNOWLEDGES AND AGREES THAT HE OR SHE MAY NOT, AND WARRANT THAT HER OR SHE WILL NOT:
A User may not post Content on Rouvy.com that:
A User is responsible for all User Content posted under his or her account on ROUVY, and for adjusting those account settings, specifically User Privacy Settings, that permit him or her to display User Content on Rouvy.
Posting User Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to said User Content. ROUVY will make reasonable efforts to prevent User Content from disclosure that exceeds the account settings selected by a User, but ROUVY cannot guarantee that User account settings will completely protect against some User Content from being viewed or accessed by unintended third parties, and ROUVY will not be liable for such chance disclosures.
When a User transmits or otherwise supplies User Content to ROUVY, or otherwise makes User Content available on or through ROUVY, he or she expressly grants ROUVY a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, display, translate, or distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with ROUVY or the promotion thereof.
In addition, ROUVY obtains a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to create derivative works from User Content, display User Content, in whole or in part, and/or to incorporate User Content in other works in any form, media or technology, and a User agrees that any “moral rights” in that User Content have been waived. Moreover, when a User posts User Content to ROUVY, he or she authorizes and directs ROUVY to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Content.
The rights held by ROUVY relative to User Content, as delineated above, are, however, subject to the limitation that should ROUVY seek to make use of certain User Content–namely a User’s image–for explicit commercial or advertising purposes, ROUVY will make a reasonable effort to secure consent from that User for that specific purpose.
Further, ROUVY does not assert any real ownership over User Content. Rather, subject to the rights granted to ROUVY in these Terms, a User retains full ownership of any and all of his or her User Content and any intellectual property rights or other proprietary rights associated with said User Content.
ROUVY is the sole owner of all ROUVY Content including all copyrights, trademarks, trade dress, service marks, and other intellectual property rights. A User may not download, copy, or save any ROUVY Content or any portion of it, for any purpose, except as permitted by select Services (as provided for in the specific Guidelines and Policies relative to those Services), and in the limited cases where a User needs to print a copy of individual screens appearing as part of ROUVY solely for personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted under these Terms and/or certain ancillary Guidelines related to specific Services, a User may not modify, copy, publish, display, transmit, adapt or in any way exploit the Rouvy Content without the prior written permission of ROUVY.
ROUVY CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD A USER HAVE ANY HEALTHCARE RELATED QUESTIONS, HE OR SHE SHOULD CONTACT HIS OR HER PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY AND IN ADVANCE OF HIS OR HER USE OF ROUVY AND THE SERVICES.
ANY ROUVY CONTENT, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY ROUVY OR BY OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, (B) A VISIT, CALL OR CONSULTATION WITH A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.
A USER THEREFORE SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY Rouvy CONTENT AND A USER SHOULD NOT EMPLOY CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM.
FURTHER, THE TRANSMISSION AND RECEIPT OF ROUVY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN ROUVY AND A USER.
THE SERVICES, INCLUDING THE MOBILE SERVICES, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ROUVY ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ROUVY, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION ROUVY’S THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
ROUVY AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION ROUVY’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MOBILE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ROUVY OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, ROUVY, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION ROUVY’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PERSONAL INFORMATION OR LOCATION INFORMATION OR THE SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. A USER (AND NOT ROUVY OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE SERVICES.
A User agrees to indemnify, defend, and hold ROUVY, and its suppliers and partners (including, without limitation, ROUVY’s wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) the use or misuse of any User’s personal information and location information, or the Services generally, (b) any violation of the rights of any other person or entity by User, (c) any breach or violation by a User of ROUVY, or (d) a User’s employment of the Services to meet another User in-person or to locate and attend any offline place or event.
ROUVY reserves the right, at a given User’s expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify ROUVY, and said User agrees to cooperate with ROUVY’s defense of these claims.
A USER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL ROUVY, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, ROUVY’S WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO ANY USER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF A USER’S PERSONAL INFORMATION OR LOCATION INFORMATION; (B) A USER’S ABILITY OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY, INCLUDING THE MOBILE SERVICES, OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH ROUVY OR ANY OTHER USER OF THE SERVICES, EVEN IF ROUVY OR A ROUVY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON ROUVY OR THROUGH THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY ROUVY, THE AFFILIATED WEBSITES, OR THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON ROUVY, THE AFFILIATED WEBSITES, THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY ROUVY, THE AFFILIATE WEBSITES, OR THE SERVICES.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF ROUVY OR THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO ROUVY, its affiliated websites, OR THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall ROUVY be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
IN NO EVENT SHALL ROUVY (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, ROUVY’S WIRELESS CARRIER PARTNERS) TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE, OR A USER’S EMPLOYMENT OF THE SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY A USER FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF SAID USER’S CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
A USER FURTHER AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS OF USE, AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDNIGLY, THE EXCLUSIONS, AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO A SPECFIC USER. SAID USER, HOWEVER, AGREES THAT ROUVY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
These Terms (and any related Guidelines of the character detailed above) constitute the entirety of the agreement between ROUVY and Users relative to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.