MUUVR TERMS OF SERVICE

EFFECTIVE – APRIL 12, 2023

Version 1.0
Date April 12, 2023

INTRODUCTION

Welcome to Muuvr! Muuvr is a fitness platform that motivates people to take ownership of a more active life through exercise tracking, community engagement, and exclusive rewards. These Terms of Service (“Terms”) govern your use of Muuvr, so please read them carefully before using the platform. By using Muuvr, you agree to be bound by these Terms.

OVERVIEW OF MUUVR

Muuvr is a fitness platform that connects users to a community of fellow fitness enthusiasts, while also allowing them to track their own exercise activities. The platform includes features such as leaderboards, challenges, and rewards, which are designed to motivate users to stay active and engaged. Muuvr is available on both Android and Apple smartphones, and can connect to over 1,000 data-capture devices and platforms, including Garmin, Google, Wahoo, and Whoop.

SCOPE OF THE TERMS OF SERVICE

These Terms of Service govern your use of Muuvr, including any services, features, and content made available through the platform. By using Muuvr, you agree to comply with these Terms and any additional terms that may be provided to you in connection with the platform. These Terms constitute a legally binding agreement between you and Muuvr, so please read them carefully.

ELIGIBILITY

In order to use Muuvr, you must meet certain eligibility requirements. By using Muuvr, you represent and warrant that you meet the following requirements:

AGE REQUIREMENT

You must be at least 18 years old or the age of majority in your jurisdiction (whichever is greater) to use Muuvr. If you are under the age of 18, you may use Muuvr only with the involvement and consent of a parent or legal guardian.

LEGAL CAPACITY REQUIREMENT

You must have the legal capacity to enter into and form contracts under applicable law. If you are using Muuvr on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

RESTRICTIONS ON USE

You may not use Muuvr if you are prohibited by law from receiving or using the services or software offered by Muuvr. Additionally, Muuvr reserves the right to refuse access to, or use of, the platform to anyone at any time and for any reason, in its sole discretion.

Use of the Service

By using Muuvr, you agree to comply with these Terms and any applicable laws and regulations. Muuvr grants you a limited, non-exclusive, non-transferable, and revocable license to use the platform and its features, subject to these Terms.

License to use the Service

You may use Muuvr only for personal, non-commercial purposes. You may not use Muuvr for any illegal or unauthorized purpose, and you agree to comply with all applicable laws and regulations in your use of the platform. Muuvr reserves the right to terminate your license to use the platform at any time and for any reason, in its sole discretion.

Prohibited uses of the Service

You may not use Muuvr to:

  1. Violate any applicable laws or regulations;
  2. Infringe the intellectual property rights of others;
  3. Upload, post, or transmit any content that is unlawful, defamatory, obscene, or otherwise objectionable;
  4. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. Engage in any activity that could harm or exploit minors;
  6. Transmit any viruses, worms, or other harmful software; or
  7. Engage in any activity that interferes with or disrupts the platform or its servers and networks.
  8. Compliance with laws and regulations

You agree to comply with all applicable laws and regulations in your use of Muuvr. You acknowledge that Muuvr is not responsible for your compliance with any applicable laws or regulations, and you agree to indemnify and hold Muuvr harmless from any claims, damages, or losses arising from your failure to comply with any applicable laws or regulations.

User Content

Muuvr allows users to upload and share content, including but not limited to text, images, videos, and other materials (“User Content”). By uploading User Content to Muuvr, you grant Muuvr a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, distribute, publicly display, and create derivative works based on your User Content.

Ownership of User Content

You retain all ownership rights in your User Content. Muuvr does not claim any ownership rights in your User Content.

License granted to Muuvr

By uploading User Content to Muuvr, you grant Muuvr a license to use, display, and distribute your User Content for the purposes of providing and promoting the platform. You represent and warrant that you have all necessary rights to grant Muuvr the license described in this section and that your User Content does not violate any third-party rights, including intellectual property rights and privacy rights.

Representations and Warranties

By uploading User Content to Muuvr, you represent and warrant that:

  1. You own or have the necessary licenses, rights, consents, and permissions to use and authorize Muuvr to use your User Content;
  2. Your User Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party;
  3. Your User Content does not contain any defamatory, obscene, or otherwise unlawful content; and
  4. Your User Content does not contain any viruses, worms, or other harmful software.
  5. You agree to indemnify and hold Muuvr harmless from any claims, damages, or losses arising from your breach of these representations and warranties.

Community Guidelines

Muuvr is committed to providing a safe and supportive community for all users. To achieve this, we have established the following Community Guidelines:

Description of Community Guidelines

  1. Be respectful: Treat all members of the community with respect and kindness.
  2. Keep it clean: Do not post any content that is pornographic, sexually explicit, or contains graphic violence or hate speech.
  3. Be honest: Do not engage in any fraudulent or deceptive behavior.
  4. Respect the law: Do not use Muuvr for any illegal activities.
  5. Stay on topic: Keep all posts and discussions relevant to the platform’s purpose.
  6. Do not spam: Do not post repetitive or irrelevant content.

Prohibited Behavior

The following behaviors are strictly prohibited on Muuvr:

  1. Harassment or bullying of any kind;
  2. Hate speech or discrimination based on race, ethnicity, religion, gender, sexual orientation, or any other protected characteristic;
  3. Threatening or violent behavior;
  4. Posting or sharing illegal or inappropriate content;
  5. Impersonating or misrepresenting yourself or others;
  6. Using Muuvr for commercial purposes without prior permission.

Consequences for Violating Community Guidelines

Muuvr reserves the right to remove any content that violates the Community Guidelines or any other provision of these Terms. In addition, Muuvr may suspend or terminate your account or take any other appropriate action, in its sole discretion, for any violation of these guidelines.

Muuvr also encourages all users to report any violations of the Community Guidelines. Muuvr will investigate all reports and take appropriate action as necessary.

Ownership

Ownership of the Service

Muuvr and its affiliates own all right, title, and interest in and to the platform, including all software, technology, and content provided on or through the platform (collectively, the “Service”). You acknowledge that the Service and its components are protected by copyright, trademark, patent, and other laws of the United States and foreign countries.

Intellectual Property Rights

Muuvr’s trademarks, logos, and service marks (collectively, the “Muuvr Marks”) are owned by Muuvr and its affiliates. You may not use the Muuvr Marks without the prior written permission of Muuvr.

All User Content uploaded to the Service remains the property of the user who uploaded it, subject to the license granted to Muuvr in the User Content section.

Restrictions on Use of Muuvr’s Property

You may not copy, modify, distribute, sell, or lease any part of the Service or its components, including the Muuvr Marks, without the prior written permission of Muuvr. You may not reverse engineer or attempt to extract the source code of any part of the Service or its components, unless this is expressly permitted or required by law.

Muuvr reserves all rights not expressly granted to you in these Terms. You acknowledge that any unauthorized use of Muuvr’s property may cause irreparable harm and that Muuvr may seek injunctive relief, in addition to any other legal remedies available, to prevent such harm.

Indemnification

User’s Obligation to Indemnify Muuvr

You agree to indemnify, defend, and hold harmless Muuvr and its affiliates, and their respective officers, directors, employees, agents, and representatives (collectively, the “Muuvr Parties”), from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorneys’ fees and costs, arising out of or in any way related to your use of the Service, your User Content, or your violation of these Terms or any applicable law or regulation.

Scope of Indemnification

Your indemnification obligations under this section shall survive any termination or expiration of these Terms or your use of the Service. Muuvr reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Muuvr in asserting any available defenses.

Notification and Cooperation

You agree to notify Muuvr immediately of any actual or threatened claims, suits, or actions arising out of or related to your use of the Service or your User Content. You further agree to cooperate with Muuvr in the defense of any such claims, suits, or actions.

Muuvr reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with Muuvr in asserting any available defenses.

Disclaimers

Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MUUVR AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

MUUVR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. MUUVR DOES NOT WARRANT THAT THE SERVICE OR ANY CONTENT PROVIDED THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, OR CURRENT.

Limitation of Liability

IN NO EVENT SHALL MUUVR OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MUUVR OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MUUVR AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Changes to the Terms

Right to Modify the Terms of Service

Muuvr reserves the right to modify or update these Terms at any time and without prior notice. Muuvr will post the updated Terms on the Service, and the updated Terms will be effective as of the date of posting unless otherwise specified. Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the updated Terms.

Notification of Changes

Muuvr may notify you of changes to these Terms by email, in-app message, or other means. It is your responsibility to keep your contact information up to date with Muuvr to receive such notifications.

User’s Continued Use as Acceptance of Changes

If you do not agree to the updated Terms, you must stop using the Service. If you continue to use the Service after the updated Terms become effective, you agree to be bound by the updated Terms.

Termination

Right to Terminate or Suspend User’s Access

Muuvr may terminate or suspend your access to the Service, in whole or in part, at any time and for any reason or no reason, including without limitation if you violate these Terms or if Muuvr determines, in its sole discretion, that your use of the Service poses a risk to Muuvr, its affiliates, or its users.

User’s Right to Terminate

You may terminate these Terms at any time by discontinuing your use of the Service.

Consequences of Termination

Upon termination of these Terms for any reason, all licenses and rights granted to you will immediately terminate, and you must immediately stop using the Service. The following provisions of these Terms will survive any termination: Ownership, User Content, Indemnification, Disclaimers, Limitation of Liability, Changes to the Terms, and Termination.

Muuvr shall not be liable to you or any third party for any termination of your access to the Service or deletion of your User Content.

Governing Law and Jurisdiction

Choice of Law

These Terms will be governed by and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of law.

Dispute Resolution

Any dispute, claim or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation or validity thereof, shall be resolved exclusively through final and binding arbitration administered by the Swiss Chambers’ Arbitration Institution in accordance with its Rules of Arbitration and the decisions of the arbitrator(s) shall be final and binding. The place of arbitration shall be in Zurich, Switzerland.

Waiver of Class Action and Trial by Jury

To the fullest extent permitted by applicable law, you and Muuvr each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, each party hereby waives any right to a jury trial.

This section shall survive any termination of these Terms.

Miscellaneous

Entire Agreement

These Terms constitute the entire agreement between you and Muuvr with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Muuvr.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

No Waiver

Muuvr’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Muuvr without restriction.

Contact Information

If you have any questions or comments about these Terms, please contact us at info@muuvr.com.