END USER LICENSE AGREEMENT AND TERMS OF SERVICE & PRIVACY POLICY
Effective Date: March 3rd, 2020
Last Updated Date: March 3rd, 2020
This End User License Agreement and Terms of Service (this “EULA”) is a binding contract between you, an individual user (“you”) and Elete Inc. (“Elete,” “we,” “us” or “our”) governing your use of the mobile software applications that Elete makes available for download (individually and collectively, the “App”), the related website located at eletebasketball.com and any other online properties owned or controlled by or on behalf of Elete (collectively with the App, the “Service”). BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN YOU MAY NOT USE THE SERVICE. TO HAVE A COPY OF THIS EULA AND ELETE'S PRIVACY POLICY SENT TO YOU, CONTACT ELETE AT SUPPORT@ELETESPORT.COM
Material Terms: As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:
a. Changes to this EULA. You understand and agree that we may change this EULA at any time without prior notice; provided that we will endeavor to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised EULA that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised EULA will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised EULA. If you find any change to this EULA or the Service unacceptable, then your sole remedy is to stop accessing, browsing, and otherwise using the Service. The terms of this EULA will govern any updates ELETE provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section 1.a, no revisions to this EULA will apply to any dispute between you and Elete that arose prior to the effective date of such revision.
b. Privacy Policy. Your access to and use of the Service is also subject to Elete's Privacy Policy, the terms and conditions of which are incorporated herein by reference.
c. Jurisdictional Issues. The Service is controlled and operated by Elete from its offices in the State of California. Elete makes no representation that materials on the Service are appropriate, lawful, or available for use in any locations other than the United States of America. Those who choose to access or use the Service from locations outside the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.
d. Eligibility. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY ELETE. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by accessing or using the Service, you affirm that either you are at least 18 years of age or you have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age.
a. Description. The Service provides you with the opportunity to take workout classes (each, a “Class”) and receiving coaching from trainers solely for your personal use. Classes are available for a variety of skill levels, for a variety of activities, and for varying durations, all to fit your particular needs. Not all classes will be available in perpetuity and classes are subject to change at any time with or without notice and without any liability to you.
b. Mobile Services. The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, “Mobile Services”). Your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be in accordance with this EULA.
a. Log-In Credentials. While you may always browse the public-facing portions of the Service without registering with us, in order to enjoy the full benefits of the Service, you must download the App and register an account with us (an “Account”).
b. Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Elete immediately at support@getElete.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. Elete will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Elete of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Sites (defined in Section 8 below).
c. Accuracy of Information. When creating an Account, you will provide true, accurate, current, and complete information as Elete requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of Elete, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then Elete may terminate your Account immediately without notice to you and without any liability to you or any third party.
a. Subscriptions. To enjoy the full benefits of the Service, including, without limitation, to use a coached workout, you must purchase a subscription to the Service. If you purchase a subscription to the Service, then the following terms apply:
b. Automatically Renewable Subscriptions. BY PURCHASING A MONTHLY OR ANNUAL SUBSCRIPTION TO THE SERVICE, YOU AGREE THAT, ONCE YOUR SUBSCRIPTION EXPIRES, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE MONTHLY OR ANNUAL PERIODS UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION.
c. Cancellation. YOU MAY CANCEL YOUR SUBSCRIPTION TO THE SERVICE AT ANY TIME, AFTER WHICH ELETE WILL NOT RENEW YOUR SUBSCRIPTION. PLEASE CONTACT SUPPORT@GETELETE.COM TO DISPUTE A CHARGE, CANCEL YOUR SUBSCRIPTION, OR REQUEST A REFUND.
d. Recurring Charges. YOU AUTHORIZE ELETE TO CHARGE THE PAYMENT METHOD THAT OUR PAYMENT PROCESSOR HAS ON FILE FOR YOU TO PAY FOR ANY RENEWAL SUBSCRIPTION. YOU WILL BE BILLED FOR THE SAME SUBSCRIPTION PLAN (OR THE MOST SIMILAR SUBSCRIPTION PLAN, IF YOUR PRIOR PLAN IS NO LONGER AVAILABLE) AT THE THEN-CURRENT MONTHLY OR ANNUAL SUBSCRIPTION PRICE PLUS ANY APPLICABLE TAXES. WE WILL PROCESS YOUR PAYMENTS FOR ANY RENEWAL SUBSCRIPTION USING THE SAME BILLING CYCLE AS YOUR CURRENT SUBSCRIPTION. IN OTHER WORDS, IF WE PROCESS YOUR PAYMENT FOR YOUR CURRENT SUBSCRIPTION ON THE 20TH OF EACH MONTH, THEN WE WILL CONTINUE TO PROCESS YOUR PAYMENT ON THAT DAY FOR ANY RENEWAL SUBSCRIPTION. ADDITIONAL TERMS AND CONDITIONS MAY APPLY UPON RENEWAL, AND SUBSCRIPTION FEES MAY CHANGE AT ANY TIME, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
a. License. The Service is licensed, not sold, to you for use only under the terms of this Agreement. Elete reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with this Agreement, Elete hereby grants you a personal, limited, revocable, non-transferable license to access and use the Service solely for your personal, non-commercial use.
b. Content. Except for User Content, the content that Elete provides to end users on or through the Service, including without limitation, any Class (including the programming of such Class), text, graphics, photos, software, sound recordings (and the musical works embodied therein), and interactive features, may be protected by copyright or other intellectual property rights and owned by Elete or its third party licensors (collectively, the “Elete Content”). You may not copy, reproduce, upload, republish, broadcast, transmit, retransmit, Post, create derivative works of, publicly perform, publicly display, use for commercial purpose or distribute any materials from the Service in any way without prior express written permission of the copyright owner of such material or as otherwise specified in this Agreement or permitted by the Service's intended functionalities.
If you would like to contact us in connection with your use of the Service, then please refer to the contact information below: by mail at Elete – 202 Bicknell Avenue, Santa Monica, CA, and by email at support@eletesport.com.
NOTICE REGARDING APPLE. You acknowledge that this EULA is between you and Elete only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Elete provides a translation of the English language version of this EULA, the translation is provided solely for convenience, and the English version will prevail.