RYPT End User Terms of Use

PLEASE READ THE TERMS OF USE CAREFULLY

Last modified: 22nd February 2024

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.

These End User Terms of Service dictate your access to and usage of the Service which includes the mobile application(s) and website which are dedicated to coaching, athletic development, and performance. They establish a legally binding agreement between you, the End User, and us, the provider.

By creating an account, you confirm that you accept the terms of this End User Terms of Use and agree to comply with them. We cannot provide our Service to you unless you agree to these terms. If we determine that a violation of this policy presents a credible risk of harm to other users, our customers, our Services, or any third parties, we reserve the right to suspend or terminate your access.

We may periodically update these terms. If you have an active account, we will let you know when we do via an email or in-app notification. If you access or continue to use the Services after being notified of any changes to the End User Terms, it is understood that you have read, comprehended, and agreed to abide by these terms.

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

  1. Definitions: Detail on what the key terms in the End User Terms of Use mean.
  2. General Terms: Here you will find the basics about how we provide our Service, including information on access and acceptable use.
  3. General Legal Terms: Here you will find the remaining legal terms that make up our terms of use.

1. Definitions

a. “End User” means a single individual client or athlete (other than a Trainer) who is connected to your ‘Gym’ in the Subscription Plan and can receive workout programs and other Content from the Gym, track their progress and share their ‘End User Data’ with them.

b. “Gym” means the unique entity which is created to manage Trainers, End Users, programs, and Customer Material including exercises, exercise technique videos, workouts, programs and other videos, image, text files and similar Content.

c. “Trainer” means a single individual (other than an End User) who is connected to the Gym in the Subscription Plan. They will have access to the features of the Subscription Plan to (i) invite End Users to connect to the Gym and manage them; (ii) create workouts, programs, and upload content and schedule them for connected End Users; (iii) create products containing workouts and other content and advertise them for sale to users; (iv) upload, create and manage Content including exercises, exercise technique videos, workouts, programs, and other video, image, and text files and similar Content: and (iv) view, edit, and analyse ‘End User Data’ as defined below. They may be employees, representatives, consultants, contractors or agents who are authorised by the ‘Customer’ to use the Subscription Plan.

d. “End User Data” is the data submitted by the End User via the RYPT App or website, or uploaded by a Trainer in their Gym. It includes the name, email address, phone number, profile image, body composition data, exercise data, activity data, nutrition data and meal photos, well-being data, menstrual cycle data, injury data and similar information.

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

f. “Sensitive Information” includes 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 ‘Special Category Data’.

g. “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.

h. “Customer Material” means all materials provided or posted, uploaded, input or submitted by Trainer(s) for public display through the Service, including exercises, exercise technique videos, workouts, programs, and other video, image, and text files and similar Content.

2. General Terms

a.  Access

To access the platform, a Customer, such as a coach, sports team or organisation, school, college/university or other third-party organisation, must invite you to join their Gym. By accepting their invitation you agree to share the End User Data you submit with the Trainer(s) in their Gym. The Customer controls what Trainer(s) have access to the Gym and is responsible for any Trainer(s) they give access to under our Customer Terms of Use.

You have control over your End User Data at all times and you can remove yourself from the Gym at any time via the mobile application if you want to remove access to your data.

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 Service 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 Service available 24 hours a day, 7 days a week, except for planned downtime for maintenance.

c. Fees and Payments

We do not charge End Users any fees to use our Service. All fees are paid for by the Customer. We are not party to or responsible for any agreements between Customers and End Users.

d. Use and Limitations of Use

i. Acceptable use. If you have an End User account, you may use the Service to receive coaching services from Customers with Trainer accounts, track your progress and share your End User Data with your Trainer(s) so they can individualize your training to optimize your performance and minimize injury risk.

ii. Prohibited Use. You will not (i) engage in the distribution of unsolicited bulk communications (‘Spam’) via email, messaging platforms, or any other communication channels. This includes not only the sending of such messages but also selling, marketing, or endorsing any product or service that is advertised or linked to Spam. You should not facilitate, cooperate, or participate in the dissemination of Spam in any form. The sending of unsolicited communications should adhere to all applicable laws and regulations, including but not limited to the CAN-Spam Act of 2003 or any equivalent legislation in your jurisdiction. (ii) use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period than a human can reasonably produce in the same period by using a conventional browser; or use the Service 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 Service; (iv) access the Service other than through our interface; (v) use the Service for any purpose or in any manner that is unlawful or prohibited by this End User Terms of Use; (vi)  harass, threaten, or defame, any person or entity via the Service. This includes but is not limited to, behaviour or language that is discriminatory, hateful, or offensive based on ethnicity, religion, race, gender, gender identity, sexual orientation, age, disability, or any other protected characteristic; (vii) engage in any fraudulent activities including issuing deceptive offers, impersonating others, or misrepresenting affiliations. The creation or use of false identities, identity theft, or manipulation of identities is forbidden, as is the utilisation or distribution of tools intended to generate fraudulent credentials or transactions. Unauthorised access to another user’s account or personal information is unacceptable, and any forms of financial or business fraud, such as pyramid or ponzi schemes, are not allowed.

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

iii. You must be 16 years of age or older to create an End User account. Account creation for those under the age of 16 must be done on their behalf by their parents or legal guardians, or provide their consent to the Customer for their child’s use of the Service.

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 End User Terms of Use, and (ii) the information you have provided is true, accurate, current, and complete.

iii. Sensitive Information. You consent to the processing of sensitive personal information submitted by yourself via the app or website, or submitted on your behalf by the Customer, including credit/debit card information, well-being data, menstrual cycle data, injury data, injury risk data, and other similar data. This information is stored and managed on our service provider’s servers and is used only to deliver athletic development coaching services to you, improve performance, and reduce injury risk.

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 End User Content you post to your account and the Site. We will make reasonable efforts to prevent your End User Content from disclosure beyond the settings you select, but we cannot guarantee these settings will prevent your End User 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 Customer Material, and, therefore, we do not guarantee the accuracy, integrity or quality of any Customer Material. You understand that by using pages of the Site or the mobile applications on which Customers may post Customer Material, 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 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 End User 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 End User Content, you own and will retain any and all intellectual property rights that you may have in your End User 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 End User Content via the Site, you represent and warrant that (i) you own all rights, 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. You may request the deletion of your RYPT account by sending a request here. You will continue to be subject to this End User Terms of Use for as long as you have access to a RYPT account.

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

3. General Legal Terms

a. End User Data

i. Limits on RYPT. We will not use, or allow anyone else to use, End User Data to contact any individual or company except as you direct or otherwise permit. We will use End User Data only in order to provide the Service to you and the Trainer(s) you work with (the Customer) and only as permitted by applicable law, this End User Terms of Use, and our Privacy Policy, located here.

ii. Aggregate Data.  We may monitor the use of the Service by all of our users 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 identify you.

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

b. RYPT’s Proprietary Rights

This End User Terms of Use is for access to and use of the Service, and you are not granted a license to any software by these terms. The Service 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 Service, 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 users to provide feedback on the Service, 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 Service, 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. End User’s Proprietary Rights

You own and retain all rights to your End User Data. This End User Terms of Use does not grant us any ownership rights to your End User Data. You grant permission to us to use your End User Data only as necessary to provide the Service to you and our Customer as permitted by this End User Terms of Use and our Customer Terms of Use.

d. 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 Service by you, (b) your noncompliance with or breach of this End User Terms of Use, or (c) the unauthorized use of the Service by any other person using your account 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.

e. 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 SERVICE, DATA MADE AVAILABLE FROM THE SERVICE, OR RYPT CONTENT, FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SERVICE, 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 SERVICE, 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. IF YOU ONLY USE THE FREE SERVICES, AND IN THIS CASE, IF WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE FREE SERVICES, THEN OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED EUROS.

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

v. No Medical Advice. THE RYPT 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, and for any advice, coaching, training, or other services you receive from that Trainer.

f. Miscellaneous

i. Amendment; No Waiver. We may update and change any or all terms of this End User Terms of Use. If we update or change these Terms of Use, the updated Terms of Use will be posted at https://www.rypt.app/end-user-terms-of-use and we will let you know via email or in-app notification. The updated Terms of Use will become effective and binding on the next business day after it is posted. When we change these 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 End User Terms of Use periodically.

If you do not agree with a modification to the End User Terms of Use, you must notify us in writing within thirty (30) days after receiving notice of modification.

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 us 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 Service, and our processing of End User 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 Service, including any applicable export laws.

v. Severability. If any part of this End User 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 End User 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.

vii. Entire Agreement. This End User Terms of Use, along with our Privacy Policy, is the entire agreement between us for the Service 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 Service or dependent on any oral or written public comments made by us regarding future functionality or features of the Service. We might make versions of this End User Terms of Use available in languages other than English.  If we do, the English version of this End User 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 End User Terms of Use.

viii. Assignment. You will not assign or transfer this End User 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.

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