RYPT Customer Terms of Use / RYPT

Customer Terms of Use

PLEASE READ THE CUSTOMER TERMS OF USE CAREFULLY

Last modified: 10th May 2021

www.rypt.app is a site operated by Flamenco IL Holdings Limited (“RYPT”, “we”, “us”). We are registered in the Republic of Ireland under the company registration number 620421 and have our registered office at 6, The Crescent, Galway, Ireland, H91 NHP3.

This document is a contract between you (the customer), and us (RYPT). It describes the services we will provide you, and other aspects of our business relationship. It governs your account and the use of the web-based subscription service available through our website, mobile applications, APIs, and other interfaces made available by RYPT (collectively, the “Site”). By creating an account, you confirm that you accept the terms of this Customer Terms of Use and agree to comply with them. We cannot provide our products to you unless you agree to these terms.

We may periodically update these terms. If you have an active Subscription Plan, we will let you know when we do via an email or in-app notification.

We will provide you with services through the Site for the Subscription Plan you select, including creating trainer and business profiles, exercises, workouts, workout programs, nutrition plans, meal plans and other content that you or a Trainer (as defined below) uploads to the Site. And also storing, processing and analysing exercise and fitness data, training logs, and any other Content that a User (as defined below) uploads to the Site (collectively, “Content”).

The following is an overview of the Customer Terms of Use to help you find what you are looking for more easily:

Definitions / The key terms in the Customer Terms of Use mean.
General Terms / The basics about how we provide our Subscription Plan, including information on access and acceptable use.
Subscription Terms / As a customer, you subscribe to use our software, and here you will find the terms that apply to each subscription. There are some differences between the different types of subscriptions, and here’s where you can find that detail.
General Legal Terms / Here you will find the remaining legal terms that make up our terms of use.

1. Definitions

a. The “Customer Terms of Use” means these terms of use and all materials referred to, or linked to here.

b. The “Billing Period” means the period for which you agree to prepay subscription fees, chosen by you when selecting your Subscription Plan.

c. “Confidential Information” means all information provided by you (the discloser) or us (the receiver), whether orally or in writing that is designated as confidential. This does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the discloser or (ii) was known to the receiver before receipt from the discloser.

d. “Trainer(s)” means a single individual (other than a User) who is connected to your Gym in the Subscription Plan. And will have access to the features of the Subscription Plan to (i) invite Users to connect to the Gym and manage them; (ii) create workouts, workout programs and nutrition plans and send them to connected Users; (iii) create programs containing workouts and/or nutrition plans and other content and advertise them for sale to users; (iv) upload, create and manage Content including exercises, exercise technique videos, workouts, workout programs, nutrition plans, meal plans and other video, image, text and similar Content: and (iv) view, edit and analyse ‘User Information’. They may be your employees, representatives, consultants, contractors or agents who are authorised to use the Subscription Plan for your benefit and have unique accounts and passwords to access Subscription Plan.

e. “User” means a single individual (other than a Trainer) who is connected to your ‘Gym’ in the Subscription Plan and can receive workout programs and nutrition plans from the Gym, track their progress and share their ‘User Information’ with them.

f. “Gym” means the entity which is created to manage Trainers, Users, workout programs, nutrition plans, and Content including exercises, exercise technique videos, workouts, meal plans and other video, image, text and similar Content.

g. “User Information” means the name, email address, phone number, online User name(s), telephone number, body composition data, goals, workout data, nutrition data, and similar information submitted by Users to you via the RYPT app or Site, or uploaded by you to the Subscription Plan.

h. “User Limit” means the number of Users that you may connect to with any given Subscription Plan.

i. “Customer Data” means all information that you submit or collect via the Subscription Plan.

j. “Customer Material” means all materials that you create, post, upload, input or submit through the Subscription Plan, including exercises, exercise technique videos, workouts, workout programs, nutrition plans, meal plans and other video, image, text and similar Content.

k. “Free Services” means the Subscription Plan or other products or features made available by us to you on an unpaid trial or free basis.

l. “RYPT Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Subscription Plan.

m. “Sensitive Information” means (a) credit or debit card numbers; personal financial account information; passwords; racial or ethnic origin; or other employment, financial or health information; and (b) any information defined under EU data protection laws as ‘Sensitive Personal Data’.

n. “Subscription Fee” means the amount you pay for the Subscription Plan.

o. “Subscription Plan” means all of our web-based applications, tools and platforms that you have subscribed to or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via https://www.rypt.app or another designated URL.

p. “Subscription Term” means the initial term of your subscription to the applicable Subscription Plan, as specified when selecting your plan, and at each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.

q. “You”, “your” or “Customer” means the person or entity using the Subscription Plan and identified in the applicable account record, billing statement, or online subscription process as the customer.

2. General Terms

a. Access

During the Subscription Term, you will have access to use the Subscription Plan as described in this Customer Terms of Use and the applicable Subscription Plan. We may also provide you access to use our Free Services at any time by activating them in your RYPT account.

You are responsible for maintaining the confidentiality of your password and you should not share or disclose it to anyone else. You are solely responsible for the activities of anyone accessing the Site using a password assigned to you, even if the individual is not authorised by you. You will notify us right away of any known or suspected unauthorised use of your password or your account by contacting us here.

b. Availability

We strive to make the Subscription Plan available 24 hours a day, 7 days a week, except for planned down-time for maintenance.

c. Fees and Payments

i. Subscription Fees. The Subscription Fee will remain fixed during the Subscription Term unless you upgrade your plan.

ii. Payment by credit card. When paying by credit card, you authorise us to charge your credit card or bank account for all fees payable during the Subscription Term. You further authorise us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.

iii. Payment Information. You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Gym Settings page within your RYPT account. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Customer Terms of Use. All fees are due and payable in advance throughout the Subscription Term.

iv. Tax. All fees listed are inclusive of taxes. You agree to pay any taxes applicable to your use of the Subscription Plan.

d. Use and Limitations of Use

i. Acceptable use. If you have a Trainer account, you may use the Site to help you in providing fitness training services to Users who have a User account that is connected to your Gym. If you have a User account, you may use the Site to receive fitness training services from those with Trainer accounts, and track your progress.

ii. Prohibited Use. You will not (i) use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser; (ii) use the Subscription Plan in any manner that damages, disables, overburdens, or impairs our Site or interferes with any other party’s use of the Subscription Plan; (iii) attempt to gain unauthorised access to the Subscription Plan; (iv) access the Subscription Plan other than through our interface; or (v) use the Subscription Plan for any purpose or in any manner that is unlawful or prohibited by this Customer Terms of Use.

You may not use the Subscription Plan if you are legally prohibited from receiving or using the Subscription Plan under the laws of the country in which you are resident or from which you access or use the Subscription Plan.

iii. No Sensitive Information. YOU AGREE NOT TO USE THE SUBSCRIPTION PLAN TO COLLECT, MANAGE OR PROCESS SENSITIVE INFORMATION. WE WILL NOT HAVE ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF THE SUBSCRIPTION PLAN TO COLLECT OR MANAGE SENSITIVE INFORMATION.

iv. Prohibited Content. You may not post Content on or through the Site that is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter; provides any telephone numbers, street addresses, last names or email addresses of anyone except yourself; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other members; involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of thirteen (13), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or contains a virus or other harmful component.

v. Responsibility for Content. You are responsible for all Content you post to your account and the Site. You are solely responsible for securing and backing-up your Content. Posting Content via the internet inherently poses the risk of unintended disclosure and access by third parties to your Content. We will make reasonable efforts to prevent your Content from disclosure beyond the settings you select, but we cannot guarantee these settings will prevent your Content from being viewed or accessed by unintended third parties and we will not be liable for such disclosures. We are not responsible for and do not control User Content, and, therefore, we do not guarantee the accuracy, integrity or quality of any User Content. You understand that by using pages of the Site or the mobile applications on which Users may post User Content, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, settings viewing errors, or any loss or damage of any kind incurred as a result of the use of any Content posted on or through the Site.

vi. Rejection/Removal of Your Content. You acknowledge that we have no obligation to screen User Content, but that we have the right (but not the obligation) in our sole discretion to screen, edit, refuse or remove any Content or portion thereof, in our sole discretion, for any reason. Without limiting the foregoing, we have the right to remove from the Site any Content that violates any provision of this Customer Terms of Use or is otherwise objectionable in our sole discretion, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Site by any person, please contact us here.

vii. Ownership of Your Content. We do not claim ownership rights in your Content, you own and will retain any and all intellectual property rights that you may have in your Content but you are required to grant us (and other Users of the Site) a limited license to use, store and copy Content, and to distribute it and/or make it available to third parties.

viii. Your Warranties Regarding Your Content. By posting your Content via the Site, you represent and warrant that (i) you own all right, title and interest in your Content, or otherwise have the right to grant the license, and (ii) the posting of your Content on or through the Site does not violate the intellectual property right, privacy rights, publicity rights, or any other rights of any third party.

ix. Viruses. We are not responsible for viruses and you must not introduce them.

e. Subscription Term, Termination, Suspension

i. Term and Renewal. Your initial subscription period will be specified in your Subscription Plan, and, your subscription will automatically renew on the renewal date. To prevent renewal of the subscription, the required notice must be provided within the timeframe as specified in Section 3(f).

The renewal pricing set forth in your Subscription Plan will apply, subject to adjustment as specified in Section 2(c). Our standard pricing available in the Settings section of the website on the date of renewal will apply. If you use our Free Services, we will make the Free Services available to you free of charge until earlier of (a) the date on which your free subscription is terminated or (b) the start date of your paid subscription.

ii. No Early Termination; No Refunds. The Subscription Term will end on the expiration date and the subscription cannot be cancelled early. We do not provide refunds if you decide to stop using the RYPT during your Subscription Term.

iii. Termination for Cause. Either party may terminate this Customer Terms of Use for cause, as to any or all Subscription Plans: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors. We may also terminate this Customer Terms of Use for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers. This Customer Terms of Use may not otherwise be terminated prior to the end of the Subscription Term.

iv. Suspension for Prohibited Acts. We may suspend any Trainer’s access to any or all Subscription Plans without notice for: (i) use of the Subscription Plan in a way that violates applicable local laws or regulations or the terms of this Customer Terms of Use, or (ii) repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity. We may, without notice, review, edit and delete any Customer Data or Customer Material that we determine in good faith violate these terms, provided that, we have no duty to pre-screen, control, monitor or edit your Customer Data or Customer Material.

v. Suspension for Non-Payment. We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Plans seven (7) days after the service of such notice. We will not suspend the Subscription Plan while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Plan is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Plan.

vi. Suspension for Present Harm. If your use of the Subscription Plan: (i) is being subjected to denial of service attacks or other disruptive activity, (ii) is being used to engage in denial of service attacks or other disruptive activity, (iii) is creating a security vulnerability for the subscription service or others, (iv) is consuming excessive bandwidth, or (v) is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the subscription service. We will try to limit the suspension to the affected portion of the Subscription Plan and promptly resolve the issues causing the suspension of the Subscription Plan. Nothing in this clause limits our right to terminate for cause as outlined above, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.

vii. Suspension and Termination of Free Services. We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity.

viii. Effect of Termination or Expiration. If your paid subscription is terminated or expires, we will continue to make available to you our Free Services provided however, this may not be the case if your Customer Terms of Use was terminated for cause. You may request the deletion of your RYPT account after expiration or termination of your subscription by sending a request to hello@rypt.app. You will continue to be subject to this Customer Terms of Use for as long as you have access to a RYPT account.

Upon termination or expiration of this Customer Terms of Use, you will stop all use of the Subscription Plan and RYPT Content. If you terminate this Customer Terms of Use for cause, we will promptly refund any prepaid but unused fees covering use of the Subscription Plan after termination. If we terminate this Customer Terms of Use for cause, you will promptly pay all unpaid fees due through the end of the Subscription Term. Fees are otherwise non-refundable.

3. Subscription Terms

a. Subscription Plans

We offer two Subscription Plans with different tiers within them based on the number of Users connected to the Gym:

Free Plan
Performance Plan

There are different terms that apply depending on the subscription you purchase.

b. Limits

The User and Trainer limits that apply to you will be selected by you and specified in your Subscription Plan.

You must be 16 years of age or older to create a Trainer account and use the Subscription Plan, and also to create a User account. By creating an account on the Site and agreeing to the terms of use, you represent that: (i) you meet any age restrictions included in the Customer Terms of Use, and (ii) the information you have provided is true, accurate, current and complete.

For paid subscriptions, if we make modifications to the limits set forth in the plan that would negatively impact you, these modifications will not apply to you until the start of your next renewal Subscription Term. On renewal, the current product usage limits in our plans will apply to your subscription, unless you and we otherwise agree.

For our Free Subscription, we may change the limits that apply to your use at any time in our sole discretion without notice to you, regardless of whether or not these are used in conjunction with other products or services for which you pay us a fee.

c. Downgrades

You should purchase the appropriate tier of Subscription Plan for your anticipated needs. You may downgrade your subscription but the downgrade will not take effect until the start of your next renewal Subscription Term, as specified in Section 2(e).

d. Modifications

We may modify the Subscription Plan from time to time, including by adding or deleting features and functions, in an effort to improve your experience.

For paid subscriptions, we will not make changes to the Subscription Plan that materially reduce the functionality provided to you during the Subscription Term.

For Free Subscriptions, we may make changes that materially reduce the functionality provided to you during the Subscription Term.

e. Customer Support

For paid subscriptions email questions can be submitted hello@rypt.app. Email responses are provided during phone support hours only. We attempt to respond to email support questions within two business days. However, we do not promise or guarantee any specific response time. We may limit or deny your access to support if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of RYPT representatives.

f. Notice of Non-Renewal

Your subscription will automatically renew according to Section 2(e). To prevent renewal of your Subscription Plan, you must downgrade/cancel your Subscription Plan in advance of the end of the Subscription Term.

4. General Legal Terms

a. Customer Data

i. Limits on RYPT. We will not use, or allow anyone else to use, Customer Data to contact any individual or company except as you direct or otherwise permit. We will use Customer Data only in order to provide the Subscription Plan to you and only as permitted by applicable law, this Customer Terms of Use, and our Privacy Policy, available here.

ii. Aggregate Data. We may monitor use of the Subscription Plan by all of our customers and use the information gathered in an aggregate and anonymous manner. You agree that we may use and publish such information, provided that such information does not incorporate any Customer Data and/or identify you.

iii. Safeguards. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect Customer Data.

b. RYPT’s Proprietary Rights

This Customer Terms of Use is for access to and use of the Subscription Plan, and you are not granted a license to any software by this Customer Terms of Use. The Subscription Plan is protected by intellectual property laws, it belongs to and is the property of RYPT, and we retain all ownership rights to it. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the RYPT Content, or the Subscription Plan, in whole or in part, by any means, except as expressly authorized in writing by us. You may not use any of our Trademarks without our prior written permission.

We encourage all customers to provide feedback on the Subscription Plan, provide suggestions for improving it, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Subscription Plan, without payment or attribution to you. For this reason, we ask that you not send us any feedback that you do not wish to assign to us.

c. Customer’s Proprietary Rights

You own and retain all rights to the Customer Material and Customer Data. This Customer Terms of Use does not grant us any ownership rights to Customer Material or Customer Data. You grant permission to us to use the Customer Material and Customer Data only as necessary to provide the Subscription Plan to you and as permitted by this Customer Terms of Use. If you are using the Subscription Plan on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so.

d. Confidentiality

The receiver will: (i) protect the confidentiality of the Confidential Information using the same degree of care that it uses with its own Confidential Information of similar nature, but with no less than reasonable care, (ii) not use any Confidential Information for any purpose outside the scope of this Customer Terms of Use, (iii) not disclose Confidential Information to any third party, and (iv) limit access to Confidential Information to its employees, contractors, advisors and agents. Upon notice to the discloser, the receiver may disclose Confidential Information if required to do so under local law, rule or regulation, subpoena or legal process.

e. Publicity

You grant us the right to add your name and company logo to our customer list and Site.

f. Indemnification

You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) unauthorized or illegal use of the Subscription Plan by you, (b) your noncompliance with or breach of this Customer Terms of Use, or (c) the unauthorized use of the Subscription Plan by any other person using your customer information. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

g. Disclaimers; Limitations of Liability

i. Disclaimer of Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SUBSCRIPTION PLAN, DATA MADE AVAILABLE FROM THE SUBSCRIPTION PLAN, OR RYPT CONTENT, FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SUBSCRIPTION PLAN, AND RYPT CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SUBSCRIPTION PLAN, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ii. No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES; PROVIDED THAT, THIS LIMITATION SHALL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES.

iii. Limitation of Liability. EXCEPT FOR YOUR LIABILITY FOR PAYMENT OF FEES, YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER SECTION 4(F), AND YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IF, NOTWITHSTANDING THE OTHER TERMS OF THIS CUSTOMER TERMS OF USE, EITHER PARTY IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY WILL BE LIMITED TO THE TOTAL AMOUNTS YOU HAVE ACTUALLY PAID FOR THE SUBSCRIPTION PLAN IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.

iv. Agreement to Liability Limit. YOU UNDERSTAND AND AGREE THAT WITHOUT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SUBSCRIPTION PLAN TO YOU.

v. No Medical Advice. THE CONTENT WE PROVIDE THROUGH THE SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY TRAINERS, OTHER USERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF: (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS; OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. RYPT CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE. SHOULD YOU HAVE ANY HEALTHCARE RELATED QUESTIONS OR EMERGENCIES, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THIS SITE, AND YOU SHOULD NOT USE RYPT CONTENT FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF RYPT 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 YOU AND US. RYPT IS NOT A HEALTHCARE PROVIDER OR BUSINESS ASSOCIATE OF A HEALTHCARE PROVIDER.

vi. No Responsibility for Trainers. You acknowledge that you are solely responsible for your selection of any Trainer, Gym or other third party you choose to assist you with your training, exercise, workouts, workout program, nutrition plan, meal plan, or fitness, and for any advice, coaching, training, or other services you receive from that Trainer.

h. Miscellaneous

i. Amendment; No Waiver. We may update and change any or all terms of this Customer Terms of Use, including the fees and charges associated with the use of the Subscription Plan (but, your fees and charges won’t change during the Subscription Term except as we explain in Section 2(c).) If we update or change these Customer Terms of Use, the updated Customer Terms of Use will be posted at https://www.rypt.app/customer-terms-of-use and we will let you know via email or in-app notification. The updated Customer Terms of Use will become effective and binding on the next business day after it is posted. When we change these Customer Terms of Use, the “Last Modified” date will be updated to reflect the date of the most recent version.

We encourage you to review these Customer Terms of Use periodically. If you do not agree with a modification to the Customer Terms of Use, you must notify us in writing within thirty (30) days after receiving notice of modification. If you give us this notice, your subscription will continue to be governed by the terms and conditions of the Customer Terms of Use prior to modification for the remainder of your current term. Upon renewal, the current Customer Terms of Use published by us on our Site will apply. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.

ii. Actions Permitted. Except for actions for non-payment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Customer Terms of Use may be brought by either party more than one (1) year after the cause of action has accrued.

iii. Relationship of the Parties. You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.

iv. Compliance with Laws. We will comply with all EU laws (where applicable) in our provision of the Subscription Plan, and our processing of Customer Data. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. You will comply with all laws in your use of the Subscription Plan, including any applicable export laws.

v. Severability. If any part of this Customer Terms of Use is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Customer Terms of Use will continue in effect.

vi. Notices. Notice will be sent to the contact address set forth herein, and will be deemed delivered as of the date of actual receipt.

To us: Flamenco IL Holdings Limited t/a RYPT: 6, The Crescent, Galway, Ireland, H91 NHP3.
To you: your address as provided in our RYPT subscription account information for you.

We may give electronic notices by general notice via the Subscription Plan and may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you or through the notifications center of the Subscription Plan. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you. You must keep all of your account information current.

vii. Entire Agreement. This Customer Terms of Use, along with our Privacy Policy, is the entire agreement between us for the Subscription Plan and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you. Our obligations are not contingent on the delivery of any future functionality or features of the Subscription Plan or dependent on any oral or written public comments made by us regarding future functionality or features of the Subscription Plan. We might make versions of this Customer Terms of Use available in languages other than English. If we do, the English version of this Customer Terms of Use will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Customer Terms of Use.

viii. Assignment. You will not assign or transfer this Customer Terms of Use, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, without our prior written consent, which will not be unreasonably withheld.

ix. No Third Party Beneficiaries. Nothing in this Customer Terms of Use, express or implied, is intended to or shall confer upon any third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Customer Terms of Use.

x. Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Customer Terms of Use and that it is binding upon such party and enforceable in accordance with its terms.