“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.
The STRIKETEC Service includes the STRIKETEC Sensor and access to the STRIKETEC app, which provides personalized insights and coaching features. STRIKETEC offers various service options. Pricing information can be found at www.StrikeTec.com.
In order to use the Services, you must 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. STRIKETEC will not be liable for any loss or damage arising from your failure to comply with this Section.
USE OF THE SERVICES #
STRIKETEC software, text, graphics, images, video, audio, data, and other technology and material are made available to you through the Services (collectively referred to as the “Content”). The Services and Content include proprietary and third-party advanced technologies, such as artificial intelligence, machine learning systems, and similar technology and features (together, “AI Technology”), including third-party large language models (“LLM”). AI Technology made available in the Services includes StrikeTec Coach. Subject to this Agreement, 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 STRIKETEC software embedded within the STRIKETEC Sensor (the “STRIKETEC Sensor”), in each case solely for purposes of using the Services. Use, reproduction, modification, distribution, or storage of any Content for any purpose other than 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 licensors, 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, recommendations, and data from third-party websites, products, and services (“External Services”). These External Services are provided solely as a convenience to you, are not an endorsement by us of the content, recommendations, and data on or made available through such External Services, and may be subject to separate legal terms and conditions between you and third parties. The content, recommendations, and data of such External Services are developed and provided by others. In addition, the Services permit access to content, recommendations, and data 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 STRIKETEC. 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 STRIKETEC 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 STRIKETEC’s other rights or remedies, STRIKETEC shall have the right to immediately terminate your access to the Services if you breach any of the terms of this Agreement. Additionally, STRIKETEC may, in our sole discretion, terminate any of the Services at any time; however, if you are not in breach of this Agreement, we will provide you with a pro rata refund reflecting the period where you did not benefit from the terminated Services as a result of such termination.
You must maintain an active account to continue using the Services. This Agreement may be renewed or extended in accordance with the terms of service you select. If you do not maintain an active account, this Agreement shall terminate.
If you have obtained access to the Services without charge, STRIKETEC reserves the right at any time to modify or discontinue, temporarily or permanently, such access, your Account, and your access to the Services with or without notice. Unless modified or discontinued by STRIKETEC in its sole discretion, your access shall continue until the end of the applicable period, or until you cancel or choose to pay for additional services.
Unless otherwise stated, all fees are non-refundable, even if you stop using the Services. If you purchased Services directly from STRIKETEC, your access will begin once you connect your STRIKETEC Sensor. If you purchased Services from an Authorized Reseller, your access will begin once you connect your STRIKETEC Sensor. If you do not activate your STRIKETEC Sensor and STRIKETEC no longer supports the generation of product purchased, the access purchased will be forfeited.
If any fees 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 STRIKETEC Sensor. 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 Services and your STRIKETEC Sensor.
Upon cancellation or termination, all licenses granted to you hereunder shall terminate automatically, your right to use the Services shall cease, and your data, as defined below, will no longer be available to you through the Services.
You shall receive support and maintenance, if any, as set forth in our FAQs or as provided with your use of the Services.
USER CONTENT #
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 STRIKETEC Sensor, including, without limitation, performance statistics and measurements generated through the use of the Services, and any information submitted by you to “tag” any activities recorded through the Services. You understand that STRIKETEC 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, 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.
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, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive content, or content that 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, StrikeTec, Inc., StrikeTec 2450 Lakeside Parkway Suite 1005 #103, Flower Mound, Texas 75022. 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 customer support contact information provided on our website.
NO MEDICAL ADVICE #
StrikeTec 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 StrikeTec or third parties, do not provide medical advice and are not intended to be a substitute for advice from your doctor or other medical professionals, or any diagnosis or treatment or 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.
FITNESS RELATED CONTENT #
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 StrikeTec 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. StrikeTec is not responsible for any results that may or may not be obtained from the use of the service.
PAYMENT OF FEES #
You agree to pay the membership fees as described in this agreement and during the purchase and payment process; and the non-refundable initial membership fee. Any payment terms presented to you in the process of obtaining your membership are deemed part of this agreement and are incorporated herein by reference. We may collect payments from you directly or we may use a third-party payment processor to bill you through a payment account linked to your account on the services for your membership. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to this agreement. We are not responsible for any errors by a payment processor. By choosing to purchase a membership, you agree to pay us, either directly or through a payment processor, all membership fees and other charges at the prices then in effect and in accordance with the applicable payment terms and you authorize us to charge your chosen payment provider. You agree to make payment using your selected payment method. We reserve the right to correct any errors or mistakes even if payment has already been requested or received. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we do not receive payment from you, you agree to pay all amounts due on your billing account upon demand.
The membership payment terms may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such membership fees have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges without further authorization from you, until you provide notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, go to account settings. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate, and you must promptly notify us or our payment processor if your payment method is canceled or if you become aware of a potential breach of security.
Changes to such information can be made at account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any subscription fees under your billing account unless you have terminated your subscription. The membership will be automatically extended for successive monthly renewal periods or successive 12 month periods depending on your subscription. We will notify you by email prior to such automatic extension. To change or terminate your membership, go to account settings. If you terminate your membership, you may continue to use your membership until the end of your then-current term and your membership will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the membership fee paid for the then-current subscription period.
If you do not want to continue to be charged on a recurring basis, you must cancel or terminate your membership before the end of the then-current term. Your membership cannot be terminated before the end of the period for which you have already paid, and StrikeTec will not refund any amounts that you have already paid. Your non-termination or continued use of your subscription reaffirms that we are authorized to charge your payment method for that subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected to purchase the subscription.
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 your user content, your breach of this agreement, your uploading of, access to, connection to, or use or misuse of the content or the services, or 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 indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
AI TECHNOLOGY #
AI Technology is new and evolving. Some AI Technology, including third party LLM made available through the services, allow users to submit queries or other prompts, and the AI Technology will generate and return to you content, recommendations, data, or other information through the services. You acknowledge and agree that there are numerous limitations that apply with respect to AI Technology and the output it generates, which may contain errors or misleading information and may not be accurate or reliable; it is based on predefined rules and algorithms that lack the ability to think creatively; it can struggle with understanding the nuances of language; it does not have emotions and cannot convey emotions in the way humans can; it can perpetuate biases present in the data used to train them; it can struggle with complex tasks that require reasoning, judgment and decision-making; it requires large amounts of data to train and generate content, which may be of poor quality or biased; and it can lack the personal touch that comes with content created by humans.
You will use independent judgement and discretion before relying on or otherwise using output. Output is for informational purposes only and is not a substitute for advice from a qualified professional. StrikeTec bears no liability to you or anyone else arising from or relating to your use of AI Technology.
DISCLAIMER OF WARRANTY #
Except as stated in Section 18, 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.
LIMITATION OF LIABILITY #
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 StrikeTec 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 Texas, Section 13 (Disclaimer of Warranty) and Section 14 (Limitation of Liability) are intended to be only as broad as is permitted under the laws of the State of Texas. If any provision of these sections is held to be invalid under the laws of the State of Texas, the invalidity of such provision shall not affect the validity of the remaining provisions of the applicable sections.
CHANGES TO SERVICES #
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.
This Agreement cannot be transferred or assigned by you, but we may assign it without restriction. The Agreement is governed by the laws of Texas, without regard to conflict of law principles, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Texas. If any provision is found invalid by a court, the remainder of the Agreement remains in full effect. Failure to enforce any provision is not a waiver of that provision. This Agreement, along with any additional terms for services, constitutes the entire agreement between the parties. Headings are for convenience only. All terms intended to survive termination will do so. This Agreement is solely between you and us, not any third-party distribution channels. You are responsible for complying with any third-party terms when using the services.
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If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to STRIKETEC at the e-mail address, phone number or mailing address set forth in Section 17 of this Agreement.
STRIKETEC 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.
For questions or support regarding the Services, please contact StrikeTec at support@StrikeTec.com. Our mailing address is StrikeTec, Inc., 2450 Lakeside Parkway Suite 1005 #103, Flower Mound, Texas 75022.
WARRANTY AND RETURN POLICY #
30-Day Return Policy: If you’re not satisfied with your StrikeTec Device or Services, you can cancel your Membership and return the Device within 30 days of receipt for a full refund of the Initial Membership Fee, minus return shipping costs. This applies to purchases made directly from StrikeTec. For purchases from Authorized Resellers, return the Device to them, subject to their return policy.
Standard Return Process: To initiate a return, contact support at support@StrikeTec.com for a return shipping label. The Device must be received within 30 days from your return request to be eligible for a refund.
Post 30-Day Period: After 30 days, you won’t receive a refund for your Initial Membership Fee. You can still cancel your Membership, but it will end at the close of your subscription period. Upon a return, your account and associated services will be cancelled.
Lifetime Warranty: As long as you have an active Membership with no unpaid fees, StrikeTec warrants your Device and Battery Pack against defects in materials and workmanship. This Lifetime Warranty doesn’t cover loss, misuse, wear and tear, unauthorized repairs, or alterations. Warranty services may require a valid payment method for any applicable restocking fee.
UPGRADE POLICY #
Upgrading or replacing your StrikeTec Device doesn’t alter your Membership terms. If you get a new Device as part of a Membership renewal, your new Membership period starts immediately, and any remaining days are added to your account.